The Ministry of Health has published the guidelines containing indications on medically assisted procreation, based on two sentences of the Court of Cassation (2019) and of the Consulta (2023)
The Ministry of Health has published the guidelines containing indications of medically assisted procreation procedures and techniquesas required by law number 40 of 2004 («Regulations on the matter
of medically assisted procreation”). The ministerial decree was published in Official Journal. After assisted fertilization of the egg, consent to ART cannot be revoked the woman can request the implantation of the embryo even if the partner has died or if their relationship has ended, based on two sentences of the Court of Cassation (2019) and of the Consulta (2023). The guidelines are updated at least every three years, “in relation to technical-scientific evolution”.
«A couple who have not been able to conceive afterwards is considered “infertile”. one year of unprotected sexual intercourse – we read in the new guidelines -. An individual suffering from a permanent physical condition that makes conception impossible is considered “sterile”. […] Access to medically assisted procreation (Pma), therefore, is permitted in the absence of conception, in addition to cases of recognized pathology, after six/twelve months – based on the age of the woman – of regular unprotected sexual intercourse ».
«Access to the Pma is extended to fertile couples carriers of transmissible genetic diseases, as well as serodiscordant couples carriers of infectious diseases, such as HIV, HBV, HCV, in which the high risk of infection actually constitutes an obstacle to procreation; in pairs where one or both partners have resorted to cryopreservation of their gametes or gonadal tissue in the past for fertility preservation”.
«It must be represented that, after assisted fertilization of the egg, consent to ART cannot be revoked and the woman can request the implantation of the embryo even if her partner has died (Cass., 15 May
2019, no. 13000) or their relationship has ceased (Constitutional Court, n. 161/2023)”.
«By “Pma techniques” we mean all those procedures that
involve the processing of human oocytes, sperm or embryos
as part of a project aimed at achieving a pregnancy. These procedures, which can be carried out both with the couple’s gametes and with donated gametes, include: intrauterine insemination; in vitro fertilization and intrauterine embryo transfer; intracytoplasmic sperm microinjection; cryopreservation of gametes and embryos; embryo biopsy to perform pre-implantation genetic tests”.
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