Anonymous birth

from Wikipedia, the free encyclopedia

An anonymous birth is characterized by the fact that the mother does not reveal her identity to anyone and her civil status data is not recorded. Your data cannot then be determined by anyone. The child's right to know their own parentage is not enforceable and is inferior to the mother's right to informational self-determination .

In contrast to an anonymous birth, in the case of a confidential or secret birth, the mother gives her personal data e.g. B. known to an advice center, these are kept locked. Only the child - depending on the legal form - is granted knowledge of his parentage from a minimum age to be determined. The right of the child to know his or her own parentage ( Article 2, Paragraph 1 in conjunction with Article 1, Paragraph 1 of the Basic Law ) can be complied with.

Legal situation in Europe

In a judgment of February 13, 2003, the European Court of Human Rights (ECHR) in Strasbourg grants impunity for women who choose to remain unknown to their children. Children born anonymously therefore have no right to know the identity of their parents in the future either. According to the ECHR, the protection of the family and personal identity dealt with in Article 8 of the European Convention on Human Rights (ECHR) contains rights that are difficult to reconcile in the present case: the plaintiff's right to information about her origin and that of the mother and the adoptive parents to protection of private life. Every state must have the freedom to decide how to secure these rights by law.

Germany

According to Section 18 of the Personal Status Act  (PStG), the birth of a child must be reported to the registry office within one week, and the mother's name must always be given ( Section 21 (1) No. 1 PStG ). The violation of the duty to notify is fundamentally an administrative offense and can also constitute a criminal offense of falsifying personal status in the form of the suppression of personal status according to § 169 Para. 1 Alt. 3 StGB . Criminal liability can also exist according to § 170  StGB ( violation of the maintenance obligation ) and does not apply until adoption. Under certain circumstances, however, there is a justifying state of emergency that excludes criminal liability.

Confidential birth has been possible since May 2014 .

France

Anonymous births have existed in France since 1793. Current French law distinguishes two types of anonymous birth. There is a possibility that the mother gives birth to her child without revealing her identity ( Article 326 Civil Code ). In doing so, she leaves neither her personal details nor her biological father. Alternatively, the mother can disclose her data to the health institute advising her. These are treated confidentially in accordance with Article L 222-6 of the French Family Code . Should the child later submit an application to the national council for access to information about his parentage, information will be given to the extent that both the father and mother release the authority in an express declaration of confidentiality ( Article 326 Civil Code ). According to Article 341-1 of the Civil Code , the mother has the right to preserve her anonymity . It is possible to switch from one model to another at any time. According to French law, there is no legal relationship between mother and child until the mother recognizes the child as natural.

Austria

An anonymous birth has been possible in Austria since 2001. It is possible in all hospitals with an obstetrics department. With a decision of August 11, 2006, the Supreme Court (OGH) confirmed the legality of the "anonymous birth" in principle. In November 2009, the German Ethics Council published a statement on the subject of "The problem of anonymous child surrender" and recommended the closure of the existing baby hatches and the abandonment of the previous offers for anonymous birth. Instead, a legal regulation should be created for a "confidential child surrender with temporarily anonymous reporting", whereby the knowledge about the origin of the child is secured. In response to this statement, the Bioethics Commission at the Federal Chancellery stated in 2010 “that the option of anonymous birth or the 'baby nest', which has been offered in Austria since 2001, is a welcome facility”.

As a result of the introduction of anonymous birth, the number of newborns killed more than halved in the study period from 2002 to 2009.

The discourse in Germany

Identity Theory vs. biological ancestry

The discourse on anonymous and confidential births, but also on baby hatches, is determined by the scientifically unsecured assumption that such facilities could save the lives of threatened newborns. It is assumed that there was a hazardous situation that can be ruled out with appropriate offers. So far, no empirical evidence for this thesis has been provided. In a study by the Medical University of Vienna from December 2012 for the survey period 1991 to 2009, it was found that since the decriminalization of anonymous birth in Austria in 2001, the number of child homicides within the first 24 hours ( neonaticide ) has increased from 7.2 cases per 100,000 births halved to 3.1 cases. A linear relationship between the decline in infanticide and the use of anonymous childbirth services could not be established. One indication is the lack of other large socio-economic changes during the observation period, the authors explain.

In the foreground of the discussion in the German media is the child's right to know his or her parentage . Knowledge of one's own ancestry is believed to have a significant influence on healthy identity development. The question of the importance of knowing one's biological ancestry is preceded by a controversial identity concept. Postmodern identity theories take the approach that people define their identity through value orientations and voluntary ties. Neither genetic origin nor knowledge about it are therefore a prerequisite for identity development. Identity is therefore not formed exclusively through the subject itself, but only in constant interplay with the environment.

The right to anonymity

As an aspect of the general right of personality ( Article 2, Paragraph 1 in conjunction with Article 1, Paragraph 1 of the Basic Law ), the right to informational self-determination gives individuals the power to collect, store, use and pass on their personal data ( BVerfGE 65, 1 (43) ; BVerfGE 78, 77 (84); BVerfGE 84, 192 (194) ; BVerfG FamRZ 2007, 441 ff.). Interventions in this personal right can only be legitimized by law.

The right to know one's parentage

According to German law and the case law of the highest court ( BVerfGE 79, 256 ), the right of personality ( Article 2, Paragraph 1 in conjunction with Article 1, Paragraph 1 of the Basic Law ) also includes the child's right to know his or her own parentage . According to the German understanding, this right to knowledge of ancestry justifies interference with the right to informational self-determination .

Confidential birth

Confidential birth was introduced in May 2014 .

See also

literature

Web links

Individual evidence

  1. ↑ European Court of Justice confirmed the right to anonymous birth. Strasbourg judges dismissed a French woman's complaint. In: news.at . February 12, 2003, accessed September 18, 2018.
  2. ↑ Anonymous births are legal. The European Court of Justice grants impunity to women who choose to remain unknown to their children. In Germany, the judgment is seen as a signal to create legal certainty in this country too. In: Frankfurter Allgemeine Zeitung . February 13, 2003 ( faz.net [accessed September 18, 2018]).
  3. ↑ Nicole Stürmann: EuGM and anonymous births in France. (PDF; 4.2 MB) In: kj.nomos.de, accessed on September 18, 2018.
  4. ^ Madeleine Bierlein: Anonymous births - regulation in France. In: frankreich-sued.de, accessed on September 18, 2018.
  5. ↑ (red): Anonymous, but safe in the world. (221 kB) In: anonymegeburt.at. February 25, 2014, accessed on September 18, 2018 (scan of an article from Der Standard from October 2002).
  6. ↑ Decree of July 27, 2001 on baby nest and anonymous birth in Austria ( Memento of July 7, 2007 in the Internet Archive ). In: anonymegeburt.at, accessed on September 18, 2018.
  7. ↑ Anonymous birth and “baby nest”. Press releases. Federal Chancellery Austria, February 10, 2010, archived from the original on September 19, 2018 ; accessed on September 18, 2018 .
  8. ↑ Chryssa Grylli, Ian Brockington, Christian Fiala, Mercedes Huscsava, Thomas Waldhoer: Anonymous birth law saves babies-optimization, sustainability and public awareness . In: Archives of Women's Mental Health . tape 19 , no. 2 , August 13, 2015, ISSN  1434-1816 , p. 291–297 , doi : 10.1007 / s00737-015-0567-3 ( springer.com [accessed September 18, 2018]).
  9. ^ Project Children's Hospital Vienna. In: kinderklinik.meduniwien.ac.at. Retrieved September 18, 2018 .
  10. ↑ Anonymous birth protects newborns and women giving birth. In: anonymegeburt.at, accessed on September 19, 2018 (summary of the study by the Medical University of Vienna).
  11. ↑ a b Claudia M. Klier, Grylli Chryssa, Sabine Amon, Christian Fiala, Ghitta Weizmann-Henelius, Sandi L. Pruitt, Hanna Putkonen: Is the introduction of anonymous delivery associated with a reduction of high neonaticide rates in Austria? A retrospective study. In: British Journal of Obstetrics and Gynaecology (BJOG). March 2013, 120 (4), pp. 428-434, doi: 10.1111 / 1471-0528.12099 .
  12. ↑ Karin Strempel (CDU): "Baby flaps and anonymous births can save lives". CDU parliamentary group in the Saxon state parliament. In: l-iz.de. Leipziger Internet Zeitung, December 14, 2012, archived from the original on August 12, 2014 ; Retrieved on September 18, 2018 ( Karin Strempel , health policy spokeswoman for the CDU parliamentary group, on the grounds of a joint application with the FDP parliamentary group in the Saxon state parliament and on the key issues paper presented in April 2012 by the Federal Ministry for Family Affairs, which in her opinion only describes the situation would have tightened).
  13. ↑ mei / aerzteblatt.de: Berlin Senator: Continue to allow anonymous birth. In: Deutsches Ärzteblatt . July 24, 2012 ( aerzteblatt.de [accessed September 18, 2018]).
  14. ↑ Anonymous births. This is how the CDU / FDP want to save baby lives. In: Saxon newspaper . December 13, 2012, accessed on September 18, 2018 ( sz-online.de [accessed September 18, 2018]).
  15. ↑ Anonymous birth lowers infanticide. A study by scientists from MedUni Vienna at the AKH points to the positive consequences of the statutory regulation on anonymous childbirth: Since its introduction in 2001, the number of infanticide has halved within the first 24 hours. In: wien.orf.at. ORF , December 5, 2012, accessed on September 18, 2018.
  16. ^ Yvonne Schütze: Ideologization of biological parenthood. In: Our youth . Issue 6, 2004.