Ius et Praxis
versão ISSN 0718-0012
CORRAL TALCIANI, Hernán. Interests and rights in conflict about biological parent's identity: the unmarried mother and sperm donor's cases. Ius et Praxis [online]. 2010, vol.16, n.2, pp. 57-88. ISSN 0718-0012. doi: 10.4067/S0718-00122010000200003.
In light of a previous work by profesor Ramón Duran, from Spain, published in this same magazine, two cases will be analyzed in which the rights and interests of biological parents and offspring collide. In both cases, the problem arises from the recognition and protection of the right of a child to know the identity of his biological parents, and the attempts to limit that right by guaranteeing the anonymity of certain biológica! parents, such as the unmarried mother who by those means seeks to avoid the burdens of motherhood without endangering the Ufe and health of the child and the third party sperm donor who desires that his participation in the reproductiv regarding the offspring that have been conceived thanks to his gametes. It is herein raised that three concepts must be ¡nade patent which can favor the prevalence ofthe interests of the child: the principie of biológica! truth, the principie of the superior interest of the child or favor filii and the right to identity This work brings forward arguments to sustain the idea that, at least in the chilean and latinamerican legal and sociocultural context, neither the anonimity of the single mother ñor that of the sperm donor must be established, and favors proposing an interpretation of the legal texts which give precedence to the right of the child to know the identity of his biológica! parents in both cases.
Palavras-chave : Filiation Laws; Right to Know Own Biológica! Identity; Privacy.