Identità post mortem della madre anonima

Di Emanuela Andreola -

The children’s right to know their origins and to have access their parental history is an important element in the constitutional system of person’s protection. The need to know the parents’ identity represents an aspect of the personality that can affect a person’s social life itself. Whether the mother who has used the right not to be named dies, it is not clear if the secret persists or the child’s right to access the genetic data about the birth prevails in any case. The jurisprudential conflict between judges of legitimacy and trial judges requires a law’s reform due to the sensitivity of the protected rights and for greater homogeneity in courts’ decisions.