La legislazione italiana sulla fecondazione assistita: tra norme restrittive e interpretazioni giuridiche

Abstract

The Italian Law 40/2004 regulates assisted reproduction technology; it states that no more than three embryos must be created at any one time; that all the embryos created must be transferred together, and that embryo cryopreservation is forbidden. Six years after its promulgation, the debate over this issue is still heated. On 8 May 2009, the Italian Constitutional Court declared that some parts of the law are unconstitutional. The article highlights the key points of the law and their implications, underlining the importance of coming to an agreement between the parties to the case, with the final aim of protecting both women’s and children’s health.