Right to know one's parentage

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The right to know one's parentage is a personal right .

International right

The legal bases include Article 8 of the UN Convention on the Rights of the Child , Article 7 (1) of the UN Convention on the Rights of the Child and the Hague Convention on Adoption .

Germany

The Federal Constitutional Court ruled in 1989 that one of a person's personal rights is to know their genetic origin.

The OLG Hamm decided in February 2013 that a person conceived through artificial insemination has the right to have the name of his / her biological father published. It gave priority to the right to know one's parentage over the anonymity that sperm donors had been assured of at the time. The Federal Court of Justice confirmed this position in a landmark ruling in 2015.

Switzerland

From the point of view of case law in Switzerland, it is clear that “it is in the child's best interests to know his or her own biological descent.” According to Article 119 Paragraph 2 lit. g BV and Article 27 of the Reproductive Medicine Act (FMedG), adults have the right to know their parentage.

Individual evidence

  1. ↑ a b http://relevancy.bger.ch/php/clir/http/index.php?lang=de&zoom=&type=show_document&highlight_docid=atf%3A%2F%2F128-I-63%3Ade
  2. ↑ BVerfGE 79, 256
  3. ↑ spiegel.de: Judgment of the OLG Hamm: Daughter can find out the name of the sperm donor
  4. ↑ http://www.fampra.recht.ch/fampra/lpext.dll/fampra/avfampra09/fampra0309/inhfampra0309/inhfampra0309rec/18fampra0309rec?f=templates&fn=document-frame.htm&2.0