[Should an absolute right be given to children to know their genetic origin?]

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Acknowledgement

I would take this opportunity to thank my research supervisor, family and friends for their support and guidance without which this research would not have been possible.

DECLARATION

I, [type your full first names and surname here], declare that the contents of this dissertation/thesis represent my own unaided work, and that the dissertation/thesis has not previously been submitted for academic examination towards any qualification. Furthermore, it represents my own opinions and not necessarily those of the University.

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Table of content

ACKNOWLEDGEMENTII

DECLARATIONIII

INTRODUCTION1

Synopsis1

Legal background1

Purpose of the research4

Research questions4

Importance of this research area5

LITERATURE REVIEW5

Lack of information9

Financial resources9

Education and support10

Lagging behind of technological facilities10

Managing the change11

Lack of leadership11

Lack of regulation understanding12

Barrier of liability12

Present funding12

Governmental Mandates and Inducements toward Conformity13

Influence of economy14

Functionality of the genetic testing system17

METHODOLOGY20

Discussion and analysis26

Aggregated implications of genetic origination-some family concepts27

Adult conditional and supportive testing through predictive/presymptomatic methods28

Prenatal testing and reproductive selections30

Ethical issues31

THE AGGREGATE ATTRIBUTES OF GENETIC INFORMATION31

CONCLUSION32

REFERENCES35

CASES37

Should an absolute right be given to children to know their genetic origin?

Introduction

Synopsis

This dissertation aims to critically discuss and analyze the issue of whether the law should provide a child with a right to know the truth about their genetic parentage. It will begin by looking at how the law defines what a 'parent' is. It will then go on to look at the courts approach of adhering to the law, looking at the substantial case law and academic writings on such a difficult area of law. This dissertation will also look at the developments of assisted reproduction and how it has affected the law and its' approach to parentage.

Finally, it will consider any future reforms, if any are actually needed in today's legal system. This dissertation will use legislation, cases, Government reports, journals, books and websites in order to analyze and evaluate whether the law needs to create an absolute right for a child to discover the truth about their genetic parentage.

Legal background

As assisted reproduction became more widely available it thus became clear that common law emphasis on genetic parenthood could not be sustained within this particular context. The development of the Human Fertilization and Embryology Act 1990 (amended) makes it possible for donor conceived children to receive non-identifying about their donor and identifying information about their half donor siblings when they get to the age of 16. Recently a new policy was developed by the HFEA will allow identifying information to be made available to donor conceived children born after 1st April, 2005 when they reach the age of 16. Under Article 7 of the United Nations Convention on the Rights of the Child 1989, children have a fundamental right to know the truth about their genetic origin. When deciding cases on genetic parentage, the courts are faced with the difficulty on which rights should be predominant. The right to respect for private and family life under Article 8 of the Human Rights Act 1998 or the child's right under Article 7(1) and Article 8 ...