Chapter 7 - Asisted fertilization and constitutional rights: A question still open

Article type: Research Article

Authors: Florio, Francesco Severino

Affiliations: Bologna, Italy. E-mail: san-francisco@libero.i

Abstract: The research work will trace the normative and historical evolution of the institution of medically assisted procreation from its earliest applications up to the present day through the analysis of controversial cases and related ethical issues. It also seeks to highlight the different doctrinal concepts that were strengthened and the recent legislation in Europe. Specifically, the work focuses on the discipline rules provided for in Italian law No 40 of 2004 and subsequent case law, then extending the Community rules and also decisions of the European Court of human rights and the Court of Justice of the European Union. This analysis shows that despite legislative efforts of various European countries for the domestic regulation of MAP (medically assisted procreation), still lacks a common framework that can offer a valuable contribution that aims at a balance of rights and ethical values.

Keywords: Medically, assisted procreation and jurisprudence

DOI: 10.3233/PPL-160424

Journal: Pharmaceuticals Policy and Law, vol. 17, no. 3-4, pp. 431-445, 2015