Issues regarding the juridical legitimacy and lawfulness of medical action in reproductive technologies.

Abstract

Even only the analysis of the fundamental Italian juridical text (Constitution, Civil Code, Code of Medical Ethics) shows the ethically unlawful nature of the medical-assisted artificial fertilization, because it lacks in the fundamental respect of two main juridical categories: the physical person and the family. It derives a substantial criticism on these practices, to the aim to suggest possible considerations for “ius condendum” in such matter. The ethical observations that in this contribute do not have pretence of completeness, but they are aimed to underline that the moral considerations are able to derive from the very juridical texts (and then from “ius conditum”) and they could direct the legislator, diminishing the risk that a particular legislation becomes contradictory with the fundamental juridical principles, available as strongholds in the more classical law.