Il diritto di conoscere le proprie origini con particolare riferimento a figlie e figli di ascendenza multipla o complessa (The Right of Children of Multiple Ancestry to Know Their Origins)

F. Pesce (ed), La surrogazione di maternità nel prisma del diritto. Problemi aperti e sfide future, 2022, Forthcoming

Posted: 23 May 2022

See all articles by Ilaria Pretelli

Ilaria Pretelli

Swiss Institute of Comparative Law

Date Written: March 2, 2022

Abstract

Filiation, parenthood and parentage are biological concepts to which organised societies attribute specific legal effects. For these legal effects to ensue a biological filiation, specific rules and procedures have been drafted ever since the decalogue and the twelve tables. These rules set the foundations of patriarchal societies, where children and women, subject to the potestas of the father, are objects of property. As such, they are transmissible by contract from a man to the other and may be destroyed and killed. Needless to say, the legal rules inherited from this cultural tradition serve the interest of the ancestors rather than that of their descendants. In particular, the legal regulation of filiation guarantees to fathers a wide margin of control over the transmission of their social and economic position to their lineage. Since European law has maintained the structure, and thus inevitably the influence, of the great codifications of the past, it is essential to acknowledge the historical foundations of filiation, in order to assess which parts of the law of filiation have become obsolete or if it is the institution per se, in its entirety, that deserves to be restructured.

Keywords: Filiation, Parenthood, Parentage, Right of the child, Right to identity, Surrogacy arrangements, contractual filiation

Suggested Citation

Pretelli, Ilaria, Il diritto di conoscere le proprie origini con particolare riferimento a figlie e figli di ascendenza multipla o complessa (The Right of Children of Multiple Ancestry to Know Their Origins) (March 2, 2022). F. Pesce (ed), La surrogazione di maternità nel prisma del diritto. Problemi aperti e sfide future, 2022, Forthcoming , Available at SSRN: https://ssrn.com/abstract=4098474

Ilaria Pretelli (Contact Author)

Swiss Institute of Comparative Law ( email )

Lausanne, CH-1015
Switzerland

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