Origini e identità

The article deals with the theme of the identity of the children who are born as a result of the techniques of artificial insemination. The fundamental rule of anonym-ity applies in this case, for the purpose of protecting in the first instance the donor against the risk that, once the identity of the natural father or mother becomes known, the child will take action against him/her for a declaration of natural pater-nity/maternity. Although a man who donates his sperm wants to be completely free and have no responsibility, for the child who is born as a result of these techniques it may be fundamental to know the donor’s identity in order to build his own. After examin-ing the laws in force in the United States and the various European countries that have already adopted regulations about this matter, the author argues in favour of the introduction of comparable rules in Italy as soon as possible and proposes that the sperm donor be obliged to provide data for storage, so that it will later be avail-able to the child, at the child’s own request. The legislator may in fact give no more than indications: he cannot establish whether and when it is opportune to allow a search for the child’s origins. This choice must be made by the person who was born as a result of the techniques of artificial insemination.

Antonella Liuzzi, Origini e identità in "SOCIOLOGIA DEL DIRITTO " 1/2004, pp , DOI: