Medically assisted procreation still under examination by the Constitutional Court. Which constraints to the withdrawal of the consent?

With Ruling No. 161 of 24 July 2023, the Constitutional Court once again dealt with the subject of medically assisted procreation (MAP) on which the same Court had already ruled in judgments that had had an important impact on the rules dictated by the legislator with Law No. 40 of 19 February 2004 [11], Norme in materia di procreazione medicalmente assistita [Norms on medically assisted procreation].

So much so that this ruling can be considered, in a way, as a consequence of the previous rulings issued by the Constitutional Court on the matter of PMA.

Ruling No. 162 of 10 June 2014 of the Constitutional Court further modified the original structure of Law No. 40 of 2004, sanctioning the illegitimacy of the ban on heterologous fertilization and providing the possibility of resorting to fertilization with male gametes from a donor outside the couple in cases where a pathology has been diagnosed as causing absolute and irreversible sterility or infertility.

Attached is an in-depth case law on the subject of medically assisted procreation currently under examination by the Constitutional Court.