The Right to Identity of a Child Born Through Surrogacy

Abstract

The following article examines the right to identity of children born through surrogacy. It is a review of international law, the jurisprudence of the European Court of Human Rights (in particular, Mennesson v. France, Labassee v. France, Paradiso and Campanelli v. Italy, A.M. v. Norway), Polish state law, jurisprudence and legal literature, the purpose of which is to establish: what is the right to identity, what is its scope and elements, and what is the current standard of protection of the child’s identity. The article also addresses the conflict between the right to identity of a child born as a result of a surrogate pregnancy, in the context of the right to know one’s origin, and the right to privacy of gamete donors who wish to preserve their anonymity.