The Italian Constitutional Court modifies Italian legislation on assisted reproduction technology

On 8 May 2009, the Italian Constitutional Court declared, at least in part, that the law regulating assisted reproduction technology in Italy (Law 40/04) is unconstitutional. The most important theoretical point made by the Court is that the law does not provide unlimited protection to embryos, since it admits that some of them may not produce a viable fetus. Embryo protection is therefore limited by the imperative to ensure a concrete possibility to achieve a successful pregnancy. The Court also reaffirmed the need to empower the attending physician with the means to carry out a full evaluation. At present, the situation is not clear and, theoretically, requires a new intervention by Parliament. This, however, is unlikely.