MEDICALLY ASSISTED PROCREATION, A DISCUSSION STILL OPEN IN ITALY.

Abstract

This article analyses the current situation of medically assisted reproduction in Italy after the issuance of Law 40 in 2004. This law is actually completely different from its first version. In fact, the controversial points, like reproduction for couples with genetic diseases, prohibition of heterologous fertilization, cryoconservation of embryos, obligation to perform just one and simultaneous implant of all the embryos produced, are definitively not in force today. This new situation can be explained not only by rules issued by Italian courts but, in particular, by changes introduced by the European Court of Human Rights and by questions of constitutional legitimacy raised by some Italian Courts. After ten years from the issue of this law, Italy has returned to the pre-existing situation. The old law was only full of prohibitions. Now, heterologous fertilization is possible and this article gives a picture of the present situation in hospitals for assisted procreation in Italy.