Assisted Reproduction and Legal Aspects
Assisted reproduction represents a fundamental solution for many couples who wish to have children but cannot conceive naturally. However, this topic involves numerous legal and judicial aspects that require careful consulting to ensure compliance with current regulations and the rights of the parties involved.
At the Bianucci Law Firm in Milan, we offer comprehensive legal assistance to address issues related to assisted reproduction, helping our clients navigate the complex Italian and international regulations.
Assisted reproduction is a complex process, governed by specific regulations to protect the rights of parents, donors, and, above all, the unborn child.
Italian Legislation on Assisted Reproduction
In Italy, medically assisted reproduction is regulated by Law No. 40/2004, which establishes specific limits and requirements. Among the main aspects of the legislation are:
- Limited access: only heterosexual couples, of legal age, married or cohabiting, and of potentially fertile age can access;
- Prohibition of surrogacy: surrogacy, also known as "renting a womb," is prohibited in Italy;
- Prohibition of genetic selection: pre-implantation diagnosis is allowed only for diagnostic purposes and not for selecting the characteristics of the unborn child;
- Gamete donation: permitted since 2014, allows sterile couples to access heterologous techniques (using donated eggs or sperm).
Legal Issues Related to Assisted Reproduction
Legal issues related to assisted reproduction may include:
- Rights of the unborn child: protection of their genetic identity and respect for their right to know their origins, where permitted;
- Disputes between parents: conflicting decisions regarding the use of cryopreserved embryos or the treatments to follow;
- Recognition of parenthood: management of cases involving gamete donors or heterologous techniques;
- Assisted reproduction abroad: regulation and recognition of the effects in Italy of treatments carried out in countries with different regulations.
Our Legal Support
The Bianucci Law Firm assists couples and families at every stage of the assisted reproduction process, offering support for:
- Consultation on Italian and international regulations regarding assisted reproduction;
- Assistance in parenthood recognition procedures;
- Management of legal disputes related to treatments performed in Italy or abroad;
- Protection of the rights of the unborn child and the involved parents.
Our goal is to ensure safe and transparent legal support, so that every decision complies with the laws and protects the well-being of the individuals involved.
In Italy, only heterosexual couples, of legal age, married or cohabiting, of potentially fertile age, and with documented issues of sterility or infertility can access assisted reproduction.
No, surrogacy is prohibited by Italian law. However, couples who use this practice abroad may face legal issues for recognition in Italy of parental ties.
Yes, gamete donation (heterologous techniques) has been permitted in Italy since 2014. However, the process must comply with safety and genetic traceability regulations.
In the event of a disagreement regarding the use of cryopreserved embryos, it is necessary to refer to a judge to determine a solution that respects the rights of both parties and current regulations.
Yes, the Firm offers legal assistance for couples undergoing treatments abroad, supporting them in the legal recognition of parental ties and in managing any disputes.