Abstract

A recent decision of the Italian Constitutional Court has legitimized for the first time heterologous artificial insemination. On April 9^th, 2014 the “Consulta” declared unconstitutional the sections of law n. 40 of 19 February 2004 (Judgment n. 162/2014), which prohibited heterologous fertilization: a) section 4 paragraph 3 “It is forbidden the use of techniques of medically assisted procreation of the heterologous type”; b) section 9, paragraphs 1 and 3, which include the prohibition of the disclaimer of paternity and the anonymity of the mother; c) section 12, paragraph 1, which includes penalties for anyone who uses for procreation purposes, gametes from subjects outside the applicant couple. In the present paper the Authors reviewed the recent judgment of the Constitutional Court of April 9^th, 2014, trying to evaluate the impact that it could have on Italian society. Secondly, the Authors have administered via internet a questionnaire to a cohort composed of 9000 Gynecologists and other specialists, regarding law n. 40/2004, their opinion of heterologous fertilization, the judgment of the Constitutional Court and the influence of the Catholic Church in Italy. Finally, a brief overview of laws in the field of heterologous fertilization among the European Union States has been provided.

Keywords: Heterologous fertilization, Italian Constitutional Court, questionnaire, medically assisted reproduction, gametes, artificial reproduction.