This text collates and examines the jurisprudence that currently
exists in respect of blood-tied genetic connection, arguing that
the right to identity often rests upon the ability to "identify"
biological ancestors, which in turn requires an absence of
adult-centric veto norms. It looks firstly to the nature and
purpose of the blood-tie as a unique item of birthright heritage,
whose socio-cultural value perhaps lies mainly in preventing, or
perhaps engendering, a feared or revered sense of otherness. It
then traces the evolution of the various policies on telling and
accessing truth, tying these to the diverse body of psychological
theories on the need for unbroken attachments and the harms of
being origin deprived. The law of the blood-tie comprises of
several overlapping and sometimes conflicting strands: the
international law provisions and UNCRC Country Reports on the child
s right to identity, recent Strasbourg case law, and domestic case
law from a number of jurisdictions on issues such as legal
parentage, vetoes on post-adoption contact, court-delegated
decision-making, overturned placements and the best interests of
the relinquished child. The text also suggests a means of
preventing the discriminatory effects of denied ancestry, calling
upon domestic jurists, legislators, policy-makers and parents to be
mindful of the long-term effects of genetic kinlessness upon origin
deprived persons, especially where they have been tasked with
protecting this vulnerable section of the population."
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