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Surrogate Born Children’s Access to Information About Their Origins
International Journal of Law, Policy and the Family ( IF 0.647 ) Pub Date : 2021-03-10 , DOI: 10.1093/lawfam/ebab009
Elaine O’Callaghan 1
Affiliation  

This article considers the rights of surrogate born children to access information about their origins. Proposals for reform in the UK and Ireland are discussed, and it is argued that there needs to be a greater consideration of children’s rights law in this context. In particular, it is observed that restricting children’s access to identifying information until they are 18 years old must be reconsidered. There is a myriad of reasons for this, not least obligations under international human rights law, as well as evidence from research which demonstrates that children should be informed about their origins and birth story at a young age. The introduction of a minimum age limit under the age of 18 years, to access identifying information, as is evident in some jurisdictions, is considered. Children’s access to information in the context of international surrogacy arrangements is also discussed. It is concluded that legislators should seek to take a children’s rights approach, and facilitate children in accessing information about their origins during their childhood.

中文翻译:

代孕儿童获得有关其出身的信息

本文考虑了代孕儿童获取有关其出身信息的权利。讨论了英国和爱尔兰的改革建议,并认为在这种情况下需要更多地考虑儿童权利法。特别是,必须重新考虑限制儿童在 18 岁之前获取身份信息的做法。造成这种情况的原因有很多,尤其是国际人权法规定的义务,以及研究证据表明,儿童应该在很小的时候就被告知他们的起源和出生故事。考虑引入 18 岁以下的最低年龄限制,以获取识别信息,这在某些司法管辖区很明显。还讨论了在国际代孕安排背景下儿童获取信息的问题。得出的结论是,立法者应寻求采取儿童权利的方法,并为儿童在童年时期获取有关其出身的信息提供便利。
更新日期:2021-03-10
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