Prawne aspekty funkcjonowania „okien życia”

Abstract

This study addresses the very important but controversial issue of the legal aspects associated with functioning of the so-called “window of life”. The authors present its concept and explain the key issues that arise in discussions on the topic. Based on the content of the convention on the rights of the child, the article presents the doctrinal approach to the terms “right to life” and “right to identity”. Also considered is the issue of granting primacy to one or the other of those rights. The authors endeavour to determine whether, from the point of view of the good of the child, it is more important to save his life or preserve his identity and opportunity to gain knowledge of his ancestory and biological origin. The article presents balanced arguments for and against the functioning of “window of life”. The authors examine the views of the doctrine and practitioners, reflect on the meaning of life and the existence of windows regulating this institution. In summary, the authors draw conclusions from established considerations and present proposals de lege-ferenda.