配偶子ドナーの匿名性のもとに生まれた子の出自を知る権利の遡及的保障をめぐる課題

オーストラリア・ビクトリア州の事例を中心に

抄録

With the development of assisted reproductive technology (ART), the number of families having children through donor conception is increasing. In Japan, there is no overall legislation regulating ART, but many offspring have already been born through donor insemination. Because of the condition of donor anonymity, they do not have the right to know their origin. Overseas, the number of jurisdictions abolishing donor anonymity and allowing offspring the right to know their origin is increasing, but even in those jurisdictions, offspring born before the enforcement of legislation are not guaranteed the right to access information about their donors. By reference to the case of Victoria, Australia, this paper analyzes the issues concerning legislation on offspring’s retrospective right to know their origin. The Victorian Law Reform Committee tabled its report in March 2012 recommending that the Victorian Government retrospectively allow donor-conceived offspring to obtain identifying information about their donors. In response to this recommendation, the Victorian Government carried out a further investigation of the opinions of past donors and gave its final response in August 2013, stating that offspring would be allowed to know their donor’s identity only with the consent of their respective donors. By analyzing the responses of society, especially those of donors who had donated their gametes under the condition of anonymity, the problems underlying the introduction of legislation allowing offspring the retrospective right to know their origin are discussed from the perspective of conflict and balance among the rights of offspring, parents and donors.