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Adoption in Spain

Authors :
Pilar Benavente Moreda
Source :
Oñati Socio-Legal Series, Vol 15, Iss 1 (2025)
Publication Year :
2025
Publisher :
Oñati International Institute for the Sociology of Law, 2025.

Abstract

The adopted’s right to know their origins constitutes an essential manifestation of the right to identity and free development of the personality of adopted persons, regulated by the articles 180, 5 and 6 of the Spanish CC and the articles 12 and 5, 1, i) of Law 54/2007, of December 28, on International Adoption. The adoptee can not only request data on his or her biological origin but also information on the identity of his or her parents and their biogenetic data. This right may conflict with the right to privacy and data protection of biological parents and family. This paper presents the double public/private aspect of the right to know the origins of adopted people. On the one hand, its extension and limits are analyzed in confrontation with the rights to privacy, intimate family and personal life and data protection of the family of origin and, on the other, we analyze the actions of Public Entities and the administration to guarantee its exercise and effectiveness. This paper is completed with the most recent jurisprudential analysis.

Details

Language :
English, Spanish; Castilian, Basque, French, Portuguese
ISSN :
20795971
Volume :
15
Issue :
1
Database :
Directory of Open Access Journals
Journal :
Oñati Socio-Legal Series
Publication Type :
Academic Journal
Accession number :
edsdoj.1b3e7000ef64177940478045b0d37d5
Document Type :
article
Full Text :
https://doi.org/10.35295/osls.iisl.1978