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Minerva Medicolegale 2005 June;125(2):87-98

language: Italian

Medically assisted precreation: analysis of the social, legal and ethical aspects in europe, with reference to the new Italian Law 40/2004

Pala A., Molinelli A., Ghio C., Leoncini A., Ventura F.


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The piece of work is inspired by the recent approval of law no. 40, 2004 regarding the topic of medically assisted procreation; and this is why the authors, before getting in detail on the legal and ethical aspects, took into consideration the figures relating the number of couples whom go to their doctor due to infertility problems, which may be linked to conditions of total or idiopathic sterility and sub-fertility, with the purpose of approximately estimating the entity of the issue. They show how we are now facing a problem with remarkable social dimensions, which, other than the medical implications also has psychological, familiar, personal and relational ones. The main techniques for the medical assisted procreation are also indicated. The authors, after briefly mentioning the evolution of the Italian provisions with respect to the assisted insemination, have analysed in detail the most relevant aspects of the new law of 2004, comparing, moreover, the major differences between the most important European States, in particular: Great Britain, Spain, France and Germany. At last, some ethical considerations were suggested, first on general basis on how the constant evolution of scientific discoveries and the fast spreading of their technological and practical employment determines the rising of new ethical discussions, then more in the details of the assisted insemination.

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