Journal Citation:
13(1) THEORETICAL INQUIRIES IN LAW 1, 153-178 (2012)
This article discusses the tension between
a woman's right to give birth anonymously
and a child's right to know his or her
origins. The French institution of
accouchement sous X grants women the
choice to give birth anonymously and not
become legal mothers. The author considers
how this conflicts with international law.
The author analyzes three arguments in
support of anonymous birth: it forestalls
incidents of abortion, infanticide, and
child abandonment; protects womens
birthing as a right; and subordinates
biology to social and emotional links.
England does not give women a choice to
forfeit their maternal rights but rather
imports motherhood from birth. The author
discusses how the English legal system
fails to protect one's right to know his
or her origins. The author concludes that
neither the French nor the English systems
are appropriate since each implies a
hierarchy of rights. A reconceptualization
of identity as child-centered is required.