The right to identity of children born from heterologous human reproduction techniques in Argentine

Abstract

The Argentine Civil and Commercial Code, which came into effect in 2015, introduced a new form of affiliation stemming from assisted human reproduction techniques. In cases of gamete donation, the legal framework creates a conflict between the child's right to identity and the donor's right to anonymity. Moreover, the regulatory framework engenders an inequity in the treatment of these children in comparison to those who are affiliated through natural or adoptive processes. Specifically, the legislation refers to "access to information" for children born from assisted reproduction, rather than the protected "right to identity" granted in the other two forms of affiliation. This research study undertakes an analysis of the legal framework that is applicable to children born through heterologous assisted human reproduction. The child's right to know their biological and genetic origins is examined, and the impact of new technologies that enable free access to genetic data is considered. The analysis seeks to evaluate the necessity of a potential legislative modification concerning gamete donor anonymity.