2014-2017. How medically assisted reproduction changed in Italy. A short comparative synthesis with European countries

doi: 10.7417/CT.2017.2014

  • A. Malvasi Department of Obstetrics and Gynecology, Santa Maria Hospital, GVM Care & Research, Bari, Italy; International Translational Medicine and Biomodeling Research Group Department of Applied Mathematics Moscow Institute of Physics and Technology, Moscow State University, Russia
  • F. Signore Department of Obstetrics and Gynecology, Misericordia Hospital, Grosseto, Italy
  • S. Napoletano Department of Anatomical, Histological, Forensic and Orthopaedic Sciences, Sapienza University of Rome, Italy
  • V. Bruti Department of Anatomical, Histological, Forensic and Orthopaedic Sciences, Sapienza University of Rome, Italy
  • C. Sestili Department of Public Health and Infectious Diseases, Sapienza University of Rome, Italy
  • N.M. di Luca Department of Anatomical, Histological, Forensic and Orthopaedic Sciences, Sapienza University of Rome, Italy

Abstract

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

Published
2017-07-13
How to Cite
MALVASI, A. et al. 2014-2017. How medically assisted reproduction changed in Italy. A short comparative synthesis with European countries. La Clinica Terapeutica, [S.l.], v. 168, n. 4, p. e248 - e252, july 2017. ISSN 1972-6007. Available at: <http://www.clinicaterapeutica.it/ojs/index.php/ClinicaTerapeutica/article/view/51>. Date accessed: 14 nov. 2018.