Luovutetuista sukusoluista alkunsa saaneen henkilön oikeus tietää alkuperästään hedelmöityshoidoista annetun lain voimaantuloa aiemmissa tapauksissa

Abstract

According to the Finnish Act on Assisted Fertility Treatments (Laki hedelmöityshoidoista 1237/2006), a person who may have been born from a donated gamete or embryo has, upon attaining the age of eighteen the right to know the identity of his or her donor. The aim of this article is to research whether the right to access identifying information about the donor could be guaranteed equally to those born as a result of anonymous donor conception prior to the implementation of the Act. Information about one’s origins has a great significance on one’s psychological well-being and the right to identity has been considered to form an integral part of the right to respect for private life. At the same time, donor anonymity is seen to be included in the donors’ right to respect for private life. The public authorities have both the responsibility to guarantee the fulfilment of basic rights and liberties and human rights as well as the opportunity to implement acceptable restrictions on these basic rights. Even retrospective legislation seems to be acceptable when the fulfilment of rights of one group of people strongly demand it. All things considered, donor-conceived persons’ right to know about their biological origins seems to be a valid reason to restrict the donors’ right to respect for private life to some extent and to allow retrospective legislation that guarantees all donor-conceived people the right to access information about their donors.