The New Italian Guidelines for Assisted Reproduction Technologies (ART): Ethical and Medico-Legal Issues

Background: On 20 March 2024, the Italian Minister of Health, in collaboration with the Italian National Institute of Health (Istituto Superiore di Sanità) and the National Health Council (Consiglio Superiore di Sanità), issued updated guidelines for assisted reproduction technologies (ART). They introduced two key changes: (1) permitting post-mortem embryo transfers, allowing a woman to proceed with the procedure after her male partner’s death, and (2) permitting embryo transfer even if the male partner is alive but the relationship has ended. Objectives: This study explores the ethical and medico-legal challenges posed by the updated Italian ART Guidelines, with a specific focus on the complexities of informed consent and the ethical dilemmas introduced by these provisions. Methods: This study employs a comprehensive review of legislation, case law, and a comparative analysis of national and international norms. Primary and secondary sources include laws, regulations, court decisions, and key ethical and medico-legal perspectives. Results were organized into two thematic areas: the medico-legal dimension, focusing on informed consent, and the ethical dimension, addressing post-mortem and ex-partner embryo transfers. Results: The new guidelines exacerbate the already intricate ART landscape in Italy. Post-mortem and post-relationship embryo transfers raise significant ethical concerns and amplify legal uncertainties. Conclusions: These updates highlight the pressing need for legislative reform to address unresolved ethical and legal issues in ART.