El derecho a conocer los orígenes biológicos de la reproducción asistida
ISSN: 2386-4567
Year of publication: 2019
Issue: 10
Pages: 586-613
Type: Article
More publications in: Actualidad jurídica iberoamericana
Abstract
The Spanish Law 14/2006, of May 26, on Assisted Human Reproduction Techniques establishes the anonymity of donor. This rule denied the right to know his/her biological origins to the person born by assisted reproduction with donor contribution. In the sentence 116/1999, of June 17, the Spanish Constitutional Court has concluded that the anonymity of the donor was not contrary to the Spanish Constitution. However the convenience of this rule has always generated conflicting opinions. In this sense, the Spanish legal system moves away from other European systems that recognize the right to know his/her biological origins on assisted reproduction or that have become aware of the importance of this right, going from admitting anonymity of the donor in their legislations o reject it. Therefore, it is required to keep on debating about the establishment of the rule of the anonymity of the donor in Spanish legislation and its consequent denial of the right to know own biological origins. And in this sense, it is required to review and discuss the reasons that support the setting of this rule