The law of February 19th 2004, No. 40: procreation and punishment.
The Parliament of the Italian Republic, on 19 February 2004, has approved Law no. 40 on Medically Assisted Procreation. This law was adopted by the majority of the members of the Chamber, including both catholic as well as non-catholic members. The main opposition comes from the Church, which is against any form of artificial procreation. In spite of this, we must not forget that this law sets numerous limitations to Medically Assisted Procreation, which makes it unique in the matter. Examples are the prohibition to conceive a human being using in vitro fertilisation with sperm that is not from the parents, or the prohibitions of having parents of an advanced age or using the sperm once the donor is dead. Therefore, this article is based on the idea that every regulation on Assisted Procreation must be done from a rational perspective. The article analyses section by section the law emphasizing the importance that the legislator has. Stating that the legislator must take into account the constitutional personal rights (human dignity) and must likewise include punitive sanctions within the framework of the modern penal law.
Canestrari
Stefano
S
Faculty of Law, University of Bologna, Italy.
D003416:Criminal Law; D004622:Embryo, Mammalian; D006806:Human Rights; D006801:Humans; D011678:Punishment; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence*