> Assisted reproduction: cos’è art. 13 of the Law 40/04

art.13 of the law 40/04, which you è recently occupied by the Constitutional Court (ord. 9/11/06 no.369) is one of the points in più the problematic and criticized the legislation on medically assisted procreation.

The norm, in fact, is included among the “measures for the protection of the embryo” and fà ban to perform diagnostic testing pre-implantation, to ensure that is; if the embryos transferred into the uterus of the woman who is to undergo PMA, are suffering from genetic diseases, if not for therapeutic purposes for the protection of the health of the embryo.

The case submitted to the Court has been raised by the Court of Cagliari which doubted the costituzionalità of the standard, pursuant to art.2 and 32 of the constitution, in the case in which the omission of the diagnosis involves an ascertained danger and actual for the psycho-physical health of the woman.

In the present case it was a couple admitted to the LDCS, sottopostasi previously to the same procedure, they had to stop the pregnancy having been established in the ELEVENTH week, the fetus was suffering from beta-thalassemia.

Having the event resulted in a state of severe anxious depression in the woman, the couple,on the occasion of the second procedure, obtained the refusal of the doctor to do the checks before the system was in fact addressed to the Court, sinceé were to issue an interlocutory injunction authorizing the diagnosis and deducting altresì the illegittimità constitutional art.13 in terms of the failure to safeguard the psycho-physical health of the woman.

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Sinceé the Constitutional Court declared inadmissible the appeal for the defect of the formulation and therefore has not examined the matter on the merits, there is by feel, and by expressing the hope that it will be in the future re-proposal così to facilitate a clarification of the authority of a law is contradictory and inaccurate, which is of such importance, può to take in the life of men and women. 

by Nicoletta Morandi, a Lawyer in Rome, Viale Carso 51 – Tel. 06 3720292

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Page updated on December 4, 2006