Child's Right to know Biological & Genetic Origin

Liberty
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1

(Category: SOCIAL POLICY)

Policy Proposal: Children’s Right to Know Their Biological and Genetic Origin

Title: The Children’s Right to Genetic Origin Transparency Act

Preamble:

Recognizing the fundamental human right of every individual to know their biological and genetic origins, this policy aims to ensure that children conceived through assisted reproductive technologies (ART), adoption, or any scenario where the biological parentage might not be immediately apparent, have access to their genetic identity. This legislation seeks to balance privacy rights with the child’s right to know their heritage, fostering a sense of identity and wellbeing.

Section 1: Definitions

  • Biological Origin: The identity of the biological parents or donors of genetic material used in the conception of a child.

  • Genetic Origin: Information pertaining to the genetic lineage, including medical history and genetic predispositions.

  • Assisted Reproductive Technology (ART): Includes but is not limited to in-vitro fertilization (IVF), sperm/egg donation, and surrogacy.

Section 2: Right to Information

  • Right to Know: Every child, upon reaching the age of majority, or earlier if deemed appropriate by a court for medical or psychological reasons, has the legal right to access information regarding their biological and genetic origins.

    • Access to Records: This includes access to donor registries, birth records, and any relevant medical or genetic information held by clinics, agencies, or governmental bodies.

Section 3: Implementation

  • Non-Anonymous Donation:

    • Future Cases: All sperm, egg, or embryo donations after the enactment of this law must be non-anonymous, with donors agreeing to be identifiable to any offspring upon their request at the age of 18.

    • Existing Cases: A registry will be established for those conceived before this law where donors can opt-in to allow their identity to be disclosed.

  • Adoption Records:

    • Open Records: Gradually phase in open records for adoptions, with provisions for privacy where the biological parent has justified reasons for anonymity, subject to judicial review in favor of the child’s right to know.

  • Surrogacy and ART:

    • Contractual Obligations: All ART contracts must include clauses that all parties consent to the potential future disclosure of identity and genetic information to the child.

Section 4: Privacy and Consent

  • Balancing Interests: The right of the child to know their origins will be balanced against the privacy rights of donors or biological parents:

    • Donor Privacy: Donors may specify how their identity can be disclosed, but they cannot permanently block access to their identity if it is requested by the child after reaching the age of majority.

    • Parental Privacy: In cases where revealing biological parentage could cause significant harm, a court may temporarily withhold information until a resolution or until the child reaches an age where disclosure is less harmful.

Section 5: Education and Support Services

  • Counseling: Provide free or low-cost genetic counseling and psychological support for children and adults who wish to discover or have discovered their origins.

  • Public Education: Initiate educational campaigns to inform the public about the importance of genetic identity, the rights of children, and the responsibilities of adults involved in ART or adoption.

Section 6: Enforcement

  • Regulatory Bodies: Establish or empower existing bodies to oversee compliance with this act:

    • Penalties for Non-Compliance: Fines or sanctions for medical facilities, adoption agencies, or any entity failing to comply with information disclosure mandates.

  • Legal Recourse: Children or adults denied their rights under this act can seek legal remedies, including access to withheld information, compensation, or further legal proceedings.

Section 7: Review and Amendment

  • Periodic Review: Establish a commission to review the law’s impact every five years, with the power to recommend amendments based on technological advances, societal changes, or ethical considerations.

Conclusion:

This policy seeks to uphold the intrinsic right of individuals to understand their genetic and biological lineage, promoting welfare, identity formation, and health management while respecting privacy. It aims to shift from a culture of anonymity in ART and adoption to one of transparency and informed consent.