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Journal of Medical Ethics 2005;31:536-539; doi:10.1136/jme.2004.010231
Copyright © 2005 by the BMJ Publishing Group Ltd & Institute of Medical Ethics.

LAW, ETHICS, AND MEDICINE

The new Italian law on assisted reproduction technology (Law 40/2004)

V Fineschi, M Neri and E Turillazzi

Institute of Legal Medicine University of Foggia, Foggia, Italy

Correspondence to:
Correspondence to:
Vittorio Fineschi
Institute of Legal Medicine, University of Foggia, Ospedali Riuniti, Via L Pinto, no 1, 71100 Foggia, Italy; vfinesc{at}tin.it

ABSTRACT

The Italian parliament passed the law on assisted reproduction after a heated debate. The promulgation of this law (Law 40/2004) is the end point of a long and troubled journey that has seen many bills come and go, all of which have failed. The law consists of a whole set of regulations that will have a great impact on health and on society in general. The law is against many of the technical practices of assisted reproduction; several such practices are banned. This paper outlines ethical and medicolegal issues arising in connection with the law. The law states that no more than three embryos must be created at any one time and all the embryos created must be transferred together even if the couple does not need all the embryos. Embryo cryopreservation is also forbidden, as is assisted reproductive technology (ART), which uses a third party in any way, and the screening of embryos for genetic defects.

Abbreviations: ART, assisted reproduction technology; CECOS, Centro Studio e Conservazione Ovociti e Sperma Umani; PGD, preimplantation genetic diagnosis; WHO, World Health Organization

Keywords: Italian law; assisted reproductive technology; scientific research


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  • Green, R M (2008). Embryo as epiphenomenon: some cultural, social and economic forces driving the stem cell debate. J. Med. Ethics 34: 840-844 [Abstract] [Full Text]  
  • Turillazzi, E, Fineschi, V (2008). Preimplantation genetic diagnosis: a step by step guide to recent Italian ethical and legislative troubles. J. Med. Ethics 34: e21-e21 [Abstract] [Full Text]  
  • Jones, D.G., Towns, C.R. (2006). Navigating the quagmire: the regulation of human embryonic stem cell research. Hum Reprod 21: 1113-1116 [Abstract] [Full Text]  

eLetters:

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The new Italian law on assisted reproduction technology (Law 40/2004): A different view
Andrea Dovio, et al.
JME Online, 1 Dec 2005 [Full text]

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