Abstract
the Italian Constitutional Court (ruling n. 162 of 2014) overruled the ban on heterologous fertilization contained in the Italian Law of 19 February 2004 n. 40 on medically assisted procreation (MAP) . This ruling in itself has been very heavily debated. Some deem it a victory, others, a defeat. To understand the current debate, the article recalls that the Italian law was part of a long series of attacks on Italian law regarding MAP. Actually, the hard opposition began when art. 1, which recognized the human embryo as a subject entitled to rights and art. 4, which banned heterologous fertilization (approved by an overwhelming majority), were approved.In particular, this paper pays its attention on the issue regarding the very remarkable right to know one's own origins. To this aim, it resumes shortly the most relevant positions drawn by the Italian Committee of Bioethics’ Opinion in favor of the recognition of the right to know one’s own biological parents, adding some more recent legal debate and documents confirming this right.
Lingua originale | English |
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Titolo della pubblicazione ospite | Assisted reproduction in Europe: Social, ethical and legal issues; Pubblications of Medial law and Bioethics |
Pagine | 41-55 |
Numero di pagine | 15 |
Stato di pubblicazione | Pubblicato - 2015 |
Keywords
- Italian Law of 19 February 2004 n. 40
- biolaw
- heterologous fertilization
- human embryo
- medically assisted procreation
- the right to know one’s own origins