News scritte da Fernandez-Arrojo Maria

The article analyzes the impact that assisted reproduction techniques have had on the regulation of the right of filiation in the Spanish legal system, which is at the forefront of European systems in this matter. It is shown, however, how the changes in Spanish law have focused more attention on giving legal coverage to the autonomy of adults who want to procreate and to the activity of agents dedicated to the commercialization of these techniques, than on giving protection to the most vulnerable. The legislator has thus introduced into the Spanish filiation system - an area in which the fundamental rights are intensely implicated - a principle of contradiction and lack of harmony, to the detriment of legal certainty and the rights of the child. Particular reference deserves the question of the right to know one's identity, which is opposed to maintaining the anonymity of the gamete donor in our legislation. The Spanish Bioethics Committee has issued a report in January 2020 in which it requests the suppression of the rule of anonymity. The article refers to the regulations of nearby countries, especially the Italian one, which has managed - not without difficulty - to maintain more linear criteria in the regulation of filiation.