Legal Aspects of the “Windows of Life”

Abstract

This study addresses a very important and controversial issue of the legal aspects of the socalled “windows of life’s” operation and functioning. The authors present the concept of windows of life as well as explain key issues that arise in discussions on the topic. Based on the content of the Convention on the Rights of the Child, they present a doctrinal approach to the terms of the right to life and the right to an identity. Another issue considered by the authors is granting primacy to one of those rights. The authors attempt to decide whether, from the point of view of the child’s welfare, it is more important to save his life or protect his identity and the opportunity to learn about his ancestors and biological origin. Furthermore, the article presents arguments for and against the need for the windows of life. The authors examine the views of the doctrine and practitioners, reflect on the meaning of life and existence of the windows, and present their legal regulation. In summary, the authors draw conclusions from their considerations and present proposals de lege ferenda.