Pravni vjesnik, Vol. 41 No. 4, 2025.
Original scientific paper
https://doi.org/10.25234/pv/37480
ANONYMOUS BIRTH – DO WE NEED LEGAL REGULATION?
Nataša Lucić
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, S. Radića 13, 31000 Osijek, Croatia
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* Corresponding author.
Abstract
This paper examines the complex and sensitive legal issue of anonymous birth through the lens of the conflict between the child’s right to know their biological origins and the mother’s right to anonymity and reproductive autonomy. This legally and ethically challenging area continues to provoke intense debate across the European legal landscape, where a unified normative response remains absent. This paper aims to provide a theoretically and legally grounded analysis of the rights conflict that arises in the context of anonymous birth, with a particular focus on the European and international frameworks for protecting the right to identity. The paper analyses various approaches taken by comparative legal systems to this issue, as well as the relevant case law of the European Court of Human Rights, both of which are essential for a systematic understanding of the topic. The paper highlights the necessity for flexible, context-sensitive legislative solutions that guarantee the proportional protection of both the child’s and the mother’s rights, in accordance with European standards for the protection of human rights. It also draws attention to the lack of scholarly and legislative engagement with this issue in the Croatian context and calls for the opening of an informed professional debate aimed at developing a balanced normative framework that serves the best interests of the child.
Keywords
anonymous birth; origin; identity; parenthood; balance of interests
Hrčak ID:
342529
URI
Publication date:
30.12.2025.
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