Genetic Identity vs. Legal Barriers: A Comparative Analysis of the Right to Know One’s Genetic Origin in the Republic of North Macedonia and the Republic of Albania

The right to know one’s genetic origins is a fundamental aspect of personal identity, and as such, it should be upheld as an inviolable right. This right is generally undisputed when a child is born to married parents, as both the mother and father are presumed to be known from birth. However, exceptions arise when biological and legal parenthood do not align, leading to situations where legal processes may be initiated to establish or challenge maternity and paternity.

In the Republic of Albania, this concept has recently gained legal and scholarly attention, particularly in discussions surrounding the protection of the rights of children and adopted individuals. Albanian legislation, drawing from international human rights conventions, has recognized the right to know one’s biological origins as a vital element in preserving the emotional and biological bond between parents and children in cases of adoption, but not for children born through methods of assisted reproduction. This right, however, is not regulated in the same form within the legal framework of the Republic of North Macedonia.

This paper aims to provide a comparative legal analysis of the right to know one’s genetic origin in both countries, as well as to examine the solutions offered by other states and the European Court of Human Rights through its jurisprudence, focusing on the legal barriers that hinder the realization of this right. Special attention is given to issues related to genetic identity, adoption, and medically assisted reproduction, examining how inconsistencies in legislation impact the recognition of this right.

The study offers a clearer overview of the existing legal frameworks in Republic of North Macedonia and Albania, the practical and ethical challenges arising from the lack of regulation, and presents concrete recommendations aimed at ensuring greater alignment with the best interests of the child and international human rights standards.