The order of the Constitutional Court on art.13 of Law 40. With the ordinance 9/11/06 no.369 the Constitutional Court has not rejected the substance of the matter in order to legalityà the prohibition of pre-implantation diagnosis of the embryo for the detection of any diseases provided for in art.13 of Law 40/04.
the question raised by The Court of Cagliari, in fact, is not; nor was examined by the Court, which is limited to declare the preliminary inadmissible, noting that the same Court, in explaining the appeal, he has shown the existence in the body of the Law 40/04 of the other articles, besides the art.13, from which it would be ascertained on the basis of the same prohibition does not, however, been challenged, and that therefore the Court would be incurred in a clear contradiction.
The question, therefore, is rejected for a defect in the formal setting of the appeal, but willà always be revived. ( The full text of the ordinance is available on the www.neldiritto.it)
by Nicoletta Morandi, a Lawyer in Rome, Viale Carso 51 – Tel. 06 3720292
The directions that you will find on this page are provided for informational purposes only and cannot substitute for the advice of a lawyer or a family counselor.
assisted reproductive technology, is a viable preimplantation diagnosis
Page updated on December 4, 2006