Prof. Filippo Vari (The Sunday Times, January 23) wrote: “In 2004, after 25 years of debate, the Italian parliament approved a law on artificial reproduction.
“This law is the result of a compromise and allows artificial reproduction while prohibiting the freezing of embryos and their selection. However, some magistrates are now attempting to remove these limits.”
The Select Committee on Assisted Procreation of the House of Representatives noted how the Italian Constitutional Court in 2009 decided against several sub-articles of Article 14 of the law of February 19, 2004, No. 40 regarding Norme in materia di procreazione medicalmente assistita (rules regarding medically assisted procreation
“The Constitutional Court therefore declares the constitutional illegitimacy of the words of article 14, s. 2 of Law n. 40/2004 referring to ‘[…] a single and contextual implant, and in any case not higher than three.” Therefore, it left in force the remaining part of the provision and struck down only the limitation with regard to the maximum number of embryos which was possible to create.
The court also emphasised that the declaration of unconstitutionality leaves in effect the principle according to which reproductive techniques shall not create a number of embryos higher than the one strictly necessary to proceed to a serious attempt to produce a pregnancy, according to the doctor’s evaluation.
It also excluded the doctor’s obligation to proceed to a single and contextual implant, eliminating the unreasonable equality of treatment of substantially different cases, and the necessity, on the part of the woman, to undergo several cycles of ovary stimulation.
“The conclusion reached by the court also introduces a derogation to the general ban against any cryoconservation (freezing) of embryos
“Resorting to an additive decision (i.e. a decision through which the court, to avoid striking down a whole provision, adds to it some words in order to make it consistent with the Constitution), the court also declares the unconstitutionality of article 14, s. 3, insofar as it does not provide that transfer of the embryos, to be performed as soon as possible, should be carried on without prejudice to the woman’s health.
“Indeed, now the doctor will be allowed to resort to cryoconservation with regard to those embryos produced but eventually not implanted due to discretionary medical choice.”
This was one of 50 medical and legal documents analysed last year by the now dissolved Parliamentary select committee.
Its final report is being analysed at Cabinet level, along with the previous 2009 Social Affairs Committee report that focused only on the ethical standpoint, before a bill is discussed in Parliament.