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Italian Constitutional Court (Corte costituzionale), No. 69/2025, 22 may 2025

Date
22/05/2025
Type Judgment
Case number 69/2025

Abstract

The provisions on medically assisted procreation are not unconstitutional insofar as they do not allow single unmarried persons residing in Italy to have access to medical treatments for artificial reproduction, because they are based on the precautionary principle, and a different option is at the discretion of the legislator.

Normative references

Art. 5 Italian Law on Artificial Reproductive Techologies ART of 19 february 2004, n.. 40
Art. 2 Italian Constitution
Art. 32 Italian Constitution
Art. 8 ECHR 
Art. 14 ECHR 

Ruling

1. Parenthood-oriented self-determination can assert its expansive strenght if it tends to counter unreasonable solutions that are not proportionate to the objective pursued or if it contributes to supporting a judgement of the unreasonableness of the same rules that reflect the legislature's aims, in consideration of all the interests involved.

2. The legislator's choice not to endorse a parental project that leads to the conception of a child in a context that, at least a priori, implies the exclusion of the figure of the father is still attributable to the precautionary principle in the interest of the future children.

3. With respect to the need to protect those born through PMA, the consequent compression of the procreative self-determination of the individual woman cannot, in the current overall legal framework, be considered manifestly unreasonable and disproportionate.