2014-2017. How medically assisted reproduction changed in Italy. A short comparative synthesis with European countries
More than ten years after law n. 40 of February 19, 2004 became effective, regulation on medically assisted reproduction has dramatically changed outlook. The authors report on the steps that led to these changes through Courts’ rulings, the Supreme Court’s verdicts and the European Court of Human Rights’ decisions, as well as ministerial regulations and guidelines concerning medically assisted reproduction.
The aforementioned jurisprudential evolution was set to reach a new balance between the embryo’s right to its own dignity and the woman’s right to health and freedom of self-determination in reproduction. No court ruling denies that embryos have also to be safeguarded. In fact, there are still numerous prohibitions, including using embryos for experimental purposes. Judges aim primarily at avoiding that embryos’ rights overcome the right to parenthood.
The authors review the legislation of the various European countries: some have adopted a legislation to regulate medically assisted reproduction, while others have developed in this field some recommendations or guidelines. This is why they call for enactment of a European law governing the implementation/operational methods of medically assisted reproduction in order to avoid the scourge of procreative tourism to countries that have a more permissive law