Yes to embryo implantation even after separation or death of the partner

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After assisted fertilization of the egg, consent to medically assisted procreation can no longer be revoked and so the woman can request the implantation of the embryo even if her partner has died or if their relationship has ended. This is one of the most important predictions new guidelines from the Ministry of Health just published in the Journal which clarify some points of law 40/2004 in particular after the rulings of the Constitutional Court in 2023 and the Cassation in 2019.

In fact, the guidelines of the Ministry of Health containing indications of the procedures and techniques of medically assisted procreation have just been published in the Official Journal. This is an update of the previous guidelines which replaces the ministerial decree of 2015, «also in order to adapt its contents to the sentences of the Constitutional Court» and «taking into account the results of the technical table for research and training in the prevention and treatment of infertility, as well as the technical table for in-depth analysis of issues relating to medically assisted procreation (PMA) set up at the Cabinet office of the Ministry of Health”. In particular the ruling of the Consulta (161/2023) rejected “the questions of constitutional legitimacy raised by the Rome court regarding the revocation of the consent given to the PMA”, in particular in cases of separation or death of the male partner.

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