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Anonymous Birth, Birth Registration and the Child's Right to Know Their Origins in the Italian Legal System: a Short Comment
Valentina Colcelli*Research fellow, University of Perugia, Perugia, Italy
- *Corresponding Author:
- Valentina Colcelli, PhD
(University of Perugia, Italy)
Research fellow (Faculty of Law, University of Perugia)
Member of Editorial Board of the “Diritto e processo” Review, Lawyer University of Perugia, Perugia, Italy
E-mail: valentina.colcelli@progetti.unipg.it
Received Date: May 18, 2012; Accepted Date: June 22, 2012; Published Date: June 25, 2012
Citation: Colcelli V (2012) Anonymous Birth, Birth Registration and the Child’s Right to Know Their Origins in the Italian Legal System: a Short Comment. J Civil Legal Sci 1:101. doi:10.4172/2169-0170.1000101
Copyright: © 2012 Colcelli V. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Abstract
The paper aims to investigate the relationship of interaction between the mother’s right to remain anonymous and the newborn’s right to know his/her own origin in the Italian legal system. The “Decreto del Presidente della Republica” of November, 3, 2000, n. 396, allows the mother the right to be unmentioned in the Birth Certificate. The problem of the compatibility of the mother’s right to remain anonymous and the child’s to know his/her own origins was analysed by the Italian Constitutional Court in comparison with the European Convention of Human Rights. This analysis introduces that none of the interests and rights mentioned above (child’s right to know his/her origins and mother’s right to remain anonymous) should be regarded as absolute, and suggests ways in which they can be balanced against each other.
