Dreptul copilului de a-şi cunoaşte mama, sau drumul de la certitudine la îndoială

Dr. Cristiana-Mihaela CRĂCIUNESCU

ABSTRACT

The right of the child to know his parents and to be grown by them is part of his entitlement to identity and it is protected by law. Moreover, the right of any person to know his biological origins is recognized by the European Court of Human Rights, in which case it appears as a part of the right to privacy and family life, guaranteed by article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Establishment of motherhood in relation by the fact of giving birth was always part of the security and the stability in the child’s life, materialized in the principle mater semper certa est. Highly restrictive conditions in which motherhood can be challenged also constitute guarantees of its stability.

With the progress in medical science, motherhood acquires new dimensions, which, in the absence of appropriate rules, can upset the...