Reconciling adoptees’ identity rights and biological parents’ privacy in international law

Abstract

Traditionally, adoption has characteristically maintained the confidentiality and anonymity of biological parents and upheld the importance and permanence of the new family. Not only was information about biological parents seen as unimportant, but as a hindrance to the stability of the new family. Over the years, international laws on children’s rights have been interpreted in favour of opening up sealed adoption records. It is argued that a child has a right to identity which includes the right to know of one’s genetic origins. In advocating for this argument, there is a move to violating privacy rights of biological parents who consciously and deliberately sought anonymity in the name of promoting their child’s best interests. This new move completely neglects the rights of both biological and adoptive parents and threatens the stability and structure of the adoption process as we know it. This paper investigates the problem at an international level with a view of reconciling the competing rights to prevent violation of one in promotion of another. The problem is analysed through the lens of the principle of the best interests of the child. This approach to employ the best interest theory is taken due to its near universal acceptance and application in all matters concerning children. This research is done through analysis of international legislation and cases, as well as articles and books on the subject. This paper argues for maintenance of privacy and confidentiality of the identity of biological parents. It further argues that the result is in accordance with the best interest principle rather than a violation of it. Key words: adoption, best interests of the child, biological parents, right to identity, right to privacy