生殖技術によって生まれた子どもの親子関係と出自を知る権利の課題 Issues Concerning the Rights of Children born by Reproductive Technologies
The purpose of this paper is to clarify issues concerning the rights of children born by reproductive technologies by which we discuss two problems : one is the relation of parent and child with the children and the other is the right of offspring to know their origin. It is confusing to decide who is their father and mother by interpreting the text of the civil law, because civil law has not provided us with that hypothesis about such children. So we must consider how to fit their position in society without discrimination whatever their origin. As well we examine how to reform the civil law including children born by reproductive technologies. These days, the importance of the right of offspring to know their origin has been gradually approved in several countries in Europe. It is important to make their personality by knowing their origin, but there is antagonism between children and parents about such issues of access and knowledge. So the right of offspring to know their origin being has not been improving. If parents insist on the right which makes a family by having a child using reproductive technologies, we must give priority to the right of offspring to know their origin, not to the rights of parents. This is because parents who use reproductive technologies to have a child are responsible to guarantee the rights of children as parents. We take priority over all the rights of children when we establish or reform the laws concerning children born by reproductive technologies.
- 活水論文集. 健康生活学部編
活水論文集. 健康生活学部編 54, 103-126, 2011-03-31