Study On The Legal Protection Of Gamete Children's Right To Know

The rapid development of human science and technology and the gradual improvement of medical and health conditions,high-end medical technology are gradually conquering human genetic and viral problems.In the past 40 years of development,more and more types of human assisted reproductive technology have brought the gospel to many infertile patients.The related problems that follow are also more difficult,including not only medical technology issues,but also many of the legal issues arising in the field of artificial reproduction that deserve our attention.The study on the protection of the right to know of children born from donated gametes under human assisted reproductive technology is one of them.As one of the contents of the right to personality,the right to know is protected by the laws of various countries.The children's right to know as a sub-concept under the right to know has been delayed in most countries.The protection of their rights is related to the independence and integrity of the child's dignity.However,domestic scholars focus more on sociology,medicine,reproductive science and other disciplines,and less on the legal perspective.Based on this,the author mainly analyzes the right to know gamete children's right to know from the perspective of rights protection through literature analysis,comparative analysis and case analysis,clarifies the connotation of the gamete children's right to know,and summarizes the current situation of the gamete children s right to know,and analyzes the reasons for the current situation.By comparing the protection of laws outside the territory,we will seek protection methods that suit our national conditions.The content is as followsThe first part mainly discusses the basic theory of the gamete children's right to know,including the definition of the gamete children,and the definition of the gamete children's right to knowThe second part mainly elaborates the necessity of protecting the right to know the gamete children.It mainly elaborates on the protection requirements of the right to information,the need to maintain human reproduction,and the implementation of the Convention on the Rights of the ChildThe third part mainly analyzes the current situation and root causes about the current situation of the gamete children's right to know.From the family's concealment of the childbearing child's identity,confidentiality of the exercise of rights of gamete children by Medical institutions,and the donor concealment of the facts of the donation,the current situation of the gamete children's right to know is described.At the same time,it seeks the root cause of the status quo from the conflict of rights,the lack of legislative protection and the shallow sense of rightsThe fourth part mainly summarizes the legislative protection and its enlightenment of the gamete children's right to know outside the domain.Through the classification of the extraterritorial legislative protection model,the advantages and disadvantages of each protection are analyzed,and the system that conforms to the protection of Chinese national conditions is explored.The fifth part mainly proposes the protection of the gamete children's right to know in the game with the specific conditions of the country under the premise of the extraterritorial protection system.Specific recommendations are given in terms of the principles that rights protection should follow,perfect the legal mechanism and the enhancement of rights awareness.Concluding remarks:The behavioral ideas that summarize the full text emphasize the importance of protecting the gamete children's right to know,and at the same time place high hopes on the development of the gamete donation field in China.