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 the procedures and techniques of medically assisted procreation, as required by law number 40 of 2004 («Regulations regarding
of medically assisted procreation”). The ministerial decree was published in the Official Journal. After assisted fertilization of the egg, consent to ART cannot be revoked and the woman can request the implantation of the embryo even if the partner has died or if their relationship has ended, according to two rulings 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 has not been able to conceive after a year of unprotected sexual intercourse is considered “infertile” – 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 MAP is extended to fertile couples carriers of transmissible genetic diseases, as well as to serodiscordant couples carriers of infectious diseases, such as HIV, HBV, HCV, in which the high risk of infection actually constitutes an obstacle to procreation; to couples in which one or both partners have resorted in the past to cryopreservation of their gametes or gonadal tissue 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 the 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 testing”.
May 10, 2024 (modified May 10, 2024 | 11:38)
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