Should children have the right to know their biological origins, and should that right be accompanied by parental rights and responsibilities for sperm donors, egg donors and surrogates? a comparative study of South Africa and Australia

Abstract

This dissertation investigated whether children should have the right to know their biological origins and whether this right should be accompanied by parental rights and responsibilities for gamete donors and surrogate mothers. It was found that this right originated from the United Nations Convention on the Rights of the Child. This right has also found progressive recognition under the jurisdiction of the European Convention on Human Rights and the European Court of Human Rights. This right consists of at least four aspects, namely the parental disclosure, medical, identity and relational aspect. The parents of donor-conceived children (DCC) and surrogate-born children (SBC) should tell them about their birth status. Additionally, they should know the medical information of their donors and surrogates and the identities of their donors and surrogates. Further, they should be able to have a basic relationship with their donors and surrogates. However, donors and surrogates should not acquire any parental rights and responsibilities, only limited and managed contact.