Original Articles
Vol. 63 No. 6 (2014)
https://doi.org/10.4081/mem.2014.36
La legge italiana sulla c.d. "procreazione medicalmente assistita": l'opera di svuotamento da parte della magistratura e i possibili rimedi
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All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
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The article starts recalling the position of the Catholic Church doctrine on the medically assisted procreation (MAP). Notably, if on the one hand any artificial intervention on human procreation is valued as morally illicit, on the other hand it exists the moral duty to reach the maximum possible good in the concrete circumstances. Then, the paper traces out some aspects of the history of the Italian Law n. 40 of 19th February 2004 (it outcomes from a long and arduous process, approved by the most of the Parliament in 2004 and confirmed by popular referendum in 2005), and it reconstructs the whole court case concerning the Italian law on "medically assisted reproduction". Finally the Author tries to draw some operative line to protect at least the heart of the law concentrated in art. 1: "the Law guarantees the rights of all stakeholders, including the conceived". Because of this reason, the law has been harshly opposing and currently it has been dismantled in two very important respects by two constitutional judgments (151/2009 and 162/2014). The hostilities come from an alternative culture to what which carried out 40/2004 Law 40, a culture exclusively focused to achieving the alleged "new civil rights" of adults (to-be parents, medical doctors and scientists) and that does not tolerate boundaries arising from the rights of the unborn. Although this is not a Catholic law, it still deserves to be defended, the Author deems. In front of the embryos cryopreserved storage, the heterologous fertilization and finally the embryos experimentation which is looming large, it should be strongly reaffirmed the donorconceived offspring right to know one's own origins and the right to life of human embryos. Although the article moves primarily on the legal (judicial and legislative) level, it is important to keep alive the commitment to the promotion of the dignity of human procreation on the level of education and culture.
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How to Cite
La legge italiana sulla c.d. "procreazione medicalmente assistita": l’opera di svuotamento da parte della magistratura e i possibili rimedi. (2014). Medicina E Morale, 63(6). https://doi.org/10.4081/mem.2014.36
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