Embryos frozen 19 years ago Green light plant “post mortem” – BBC

Embryos frozen 19 years ago Green light plant "post mortem" – BBC

THE JUDGMENT

Embryos frozen 19 years ago, green
plant after the death of her husband

Welcomed the use of a 50 year-old Ferrara. Now the St. Ursula must immediately embryo implantation

BOLOGNA – Ok implant in a woman’s frozen embryos 19 years ago, even though her husband died in 2011. It is the decision, which learns the Ansa, the Civil Court of Bologna: accepting the claim of a 50 year-old del Ferrarese, after his appeal was rejected at first instance, the courts now order the hospital to provide immediately to St. Ursula ‘implantation of embryos produced by artificial insemination in 1996, before the Law 40, and since then cryopreserved.

THE ACTION – The college’s first civil section (Betti, Squarzoni, Gaudioso) refers in the order just to Law 40 of 2004, which in Italy prohibits embryo cryopreservation – if not in If the woman, after fertilization, can not proceed to the system for serious health reasons – but also adjusts with the guidelines fertilization procedures undertaken before its entry into force, as in the case of the couple. For the judges, which to judge the case refer to these guidelines “in the case of frozen embryos, but not abandoned, the woman has the right to obtain the transfer. ‘ And for this to be accepted the appeal, signed by the lawyer Boris Vitiello.

HISTORY – The couple, who married in 1998, in 1996 turned to the fertility clinic of the hospital. That year he made a speech, but the system failed eight non implanted embryos were frozen, with the consent of the two. Later, even for a human disease, the couple not tried again, but the embryos were cryopreserved and every year, until 2010, the two have confirmed their desire to keep the embryos. After her husband’s death, she turned again to the center of medically assisted procreation asking the plant. Despite the clearance of the bioethics committee of ‘universities, the management has denied the possibility, however, for an interpretation of Law 40 that was to be no permanence in both their lives. In February 2013 there was the appeal on an urgent basis, the rejection of the court, then the complaint received by the college, after a hearing in December 2014. According to the order, even if the declaration of 2010 can not be considered valid consent, the same “is an appropriate expression of will” to exclude the embryos from the category of ‘embryos in a state of neglect. ” In conclusion, the judges wrote that, given the age of the woman, the uncertainty of the outcome of assisted reproduction and the greatest difficulties in proportion to the increasing age, must be provided on an urgent basis, the 50 year-old could not “wait for the normal outcome of an ordinary civil proceedings, given its long duration. ”

THE LEGAL – “It’s a decision for life, because, without the intervention of the court which has been used, it would not have known what fate reserved to embryos already formats, “is the comment of the lawyer Boris Vitiello, which followed the first appeal and then the woman’s complaint.

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