ABSTRACT

In the doctrine and practice of family law, special attention has been paid to the issue of the child’s right to know their biological parentage. The lack of correspondence between the legal and biological parentage may come as a consequence of artificial reproduction technologies (ART) or as a consequence of adoption, but it may also occur in families where children are naturally born (e.g. the solution of anonymous birth). Comparinglegalsolutions on children’s right to know their biological parentage in contemporary European family laws, especially in the field ofART, it can be seen that countries differ on this matter, from establishing this right for the child to keep biological parentage as an absolute secret.

The biological origin of the child is an important factfor establishing the parent–child relationship in the court practice of the European Court for Human Rights, in two cases of surrogate motherhood (Case of Mennesson v France and Case of Paradiso and Campanelli v Italy).