Between heritage and concealment: How to reconcile the right to know of adoptees and the right to privacy of biological families in France, Italy, and the NetherlandsPromovendus: Mw. V.J. Salles Viera Pinto
Promotores: Mw. Prof.Dr. M. Pertegás Sender, A. Waltermann
Duur: 1/9/2023 - 31/8/2029
Abstract:
This research proposal investigates the conflict between adoptees right to know and biological families right to privacy using the Hohfeldian theory of legal positions. It aims to demonstrate how those two fundamental rights collide in selected jurisdictions and how the theory of legal positions can be used to promote the harmonious coexistence of such rights. This interdisciplinary research aims to clarify the relevant legal positions and responsibilities of each agent (adoptee, biological family, and state). It also seeks to clarify these fundamental rights while considering the challenges posed by new technologies, such as direct-to-consumer genetic testing communities (GTCs)