A Legal Diagnosis of Medically-Assisted Human Reproduction: In-between National and International Legislation and Jurisprudence
A Legal Diagnosis of Medically-Assisted Human Reproduction: In-between National and International Legislation and Jurisprudence

Summary/Abstract: The medically assisted human reproduction represents a source of controversy from a juridical point of view both in our legal system and at the international level. By regulating the possibility to resort to one of these techniques, namely the medically assisted human reproduction with a third donor, NCC opens up new perspectives for the couples or women who wish to have a child, but its extremely brief provisions make room for new debates so that, currently, the amendment of these texts is required. In this respect, the legislative proposal regarding the medically assisted human reproduction is now on the table of the House of Representatives (L. 453/2013), this proposal referring also to other AHR techniques. We now witness a variety of expressions of interest regarding such techniques even with countries which do not have a legal framework for these social phenomena. Thus, in countries such as France where surrogate motherhood is forbidden by law, couples choose to go to states which not only allow but also encourage these practices. In our country, even though there is no such regulation, we may find surrogate mothers or gestational carriers and that raises many questions: is the traditional family threatened by the evolution of bio-ethics? Is the drafting of a legal framework for AHR necessary? To what extent is the mater semper certa est principle still enforceable? Is the regulation of new AHR techniques required after a first approach of the matter by NCC?

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