The Law 40/2004 which regulates medically assisted procreation in Italy is unconstitutional, according the Italian Constitutional Court.
The question of the constitutionality concerns the donation of gametes, namely the so-called heterologous fertilization: the possibility, when one partner is sterile, to resort to sperm or egg cells external to the couple to conceive a baby, a practice until now prohibited in Italy.
Lawyer Maria Paola Costantini is one of the legal who have defended couples in front of the Courts. She is also national contact Cittadinanzattiva to the policies of the medically assisted procreation: “Historic success of couples, associations, doctors and scientific societies. After the judgment of the Constitutional Court on heterologous fertilization is even more evident that the Law 40 water on all sides, and therefore must be rewritten. It is clear that this decision has cleared a regulatory gap and at the same time there will be all the protections for couples in a free system, in which there is no risk or marketing of gametes or the commodification of donors and at the same time situations on the edge as one of the mothers-grandmothers: can access the donation only married or cohabiting couples according to medical indications precise and clear that ascertain the couple's infertility. The Court's decision eliminates a market oocyte now widespread and on the rise, especially on the internet. Now it is up to the Ministry of Health together with the scientific societies and associations, with the support of citizens and patients establish an appropriate system for the donation of gametes”.
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