Legal Motherhood and Parental Responsibility: A Comparative Study on the Tensions between Scientific Knowledge, Social Reality and Personal Identity

European Journal of Law Reform 2015 (17) 2

16 Pages Posted: 25 Sep 2015

See all articles by Christine Budzikiewicz

Christine Budzikiewicz

University of Marburg - Faculty of Law

Machteld Vonk

Private Law Department VU University Amsterdam

Date Written: June 6, 2015

Abstract

For the past 15 to 20 years there has been intense discussion in many European countries how mothers in a crisis situation can be prevented from abandoning or even killing their new born babies. Baby-boxes have been installed in a number of countries and/or possibilities for anonymous birth have been discussed or introduced. The Committee on the Rights of the Child expressed concern over these developments and stated that both developments infringe on the child’s right to know its origins. Both Germany and the Netherlands have taken steps to protect new mothers and their babies in crisis situations by introducing a form of secrecy surrounding the mother’s identity. In Germany this has taken the form of a recently introduced law that keeps the birth and the identity of the mother confidential, in the Netherlands this has taken the form of a protocol drawn up by professionals which aims to keep the birth and the mother’s identity secret. This article will compare and critically discuss these developments in Germany and the Netherlands.

Keywords: parentage, parental responsibility, children's rights, baby box, abandoned babies

Suggested Citation

Budzikiewicz, Christine and Vonk, Machteld, Legal Motherhood and Parental Responsibility: A Comparative Study on the Tensions between Scientific Knowledge, Social Reality and Personal Identity (June 6, 2015). European Journal of Law Reform 2015 (17) 2. Available at SSRN: https://ssrn.com/abstract=2665058

Christine Budzikiewicz

University of Marburg - Faculty of Law ( email )

Universitaetsstrasse 6
Marburg, 35032
Germany

HOME PAGE: http://https://www.uni-marburg.de/fb01/lehrstuehle/zivilrecht/budzikiewicz

Machteld Vonk (Contact Author)

Private Law Department VU University Amsterdam ( email )

De Boelelaan 1105
Amsterdam, 1081HV
Netherlands

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