Anonymous Births: A Conflict of Three Rights - Which Prevails?

Abstract

The aim of the text is to describe the possibilities of solving the predicament related to unwanted pregnancy and subsequent childbirth under the legislation in several European countries. The paper presents a case study, which portrays a typical situation that indicates that the possibilities of solving such a situation are not sufficient in the Czech Republic. A secret birth was not possible for the woman due to the presumption of paternity; she did not see any other legal way and the child died due to unprovided medical care. Based on the case analysis, the introduction of anonymous births, which allow complete confidentiality of the mother‘s identity without any other obstacles, appears to be an alternative option for the presented situation. However, anonymous births cause a debate about the conflict of three rights: the child‘s right to know his or her parents, the mother‘s right to choose to be a mother, and the child‘s right to life. As is clear in the examples of solutions to similar situations across europe, there is no consensus on an ideal solution, but there is a tendency to protect the child‘s life in the first place.