In vitro veritas? The new Italian Human Fertilisation and Embryology Act 2004: Legal Issues between Balance of Individual Interests and Social Priorities.

Abstract

The Italian Human Fertilisation Act was one of the “priorities” of the centre-right Government majority and it was enacted after a very short Parliamentary debate. Furthermore, the usual support of Parliamentary Commission and panel of “experts” was very weak while their works were fast especially if confronted with the works of precedent Commissions that take about 10 years to lead, it is just the case to say, to an “aborted” proposal. The first impression is that this statute was enacted more to give a political answer to part of the electorate and public opinion (especially the Catholic oriented part and who was afraid of the unlimited scientific and technological developments) vigorously asking for a “legal regulation” of human fertilisation services and practices than on the basis of a precise, accurate analysis of the problems and their juridical implications and, specifically, of the real needs and expectations of the actual Italian society. It seems, in other words, that the Government and the Parliament majority wanted to enact on in vitro fertilisation “a” statutory regulation instead of “the” statutory regulation. The statute is particularly weak just from a “juridical” or technical point of view. In certain circumstances, the statute will be not applicable in particular according to some erroneous or misleading provisions. The aim of the work is to outline all the critical points trying to solve also the interpretation doubts.