RESUMEN
The authors analyze the legal and medico-legal issues deriving from the recent Law No. 40 of February 19, 2004 concerning the Medically Assisted Reproduction. In particular, they analyze the contrasting points between the dispositions of Law No. 40/2004 and those of Law No. 194/1978 on the voluntary interruption of pregnancy, and they analyze the guidelines about the procedures and the techniques of the Medically Assisted Reproduction, issued by the Ministry of Health with D.M. of July 21, 2004. The Guidelines, as well as some sentences of several courts, lead to some reflections also about the consent and the professional liability, in particular considering the various moments of the medical action, from the first interview to the carrying out of the assisted reproduction techniques.
Asunto(s)
Responsabilidad Legal , Guías de Práctica Clínica como Asunto , Técnicas Reproductivas Asistidas/legislación & jurisprudencia , Aborto Inducido/legislación & jurisprudencia , Femenino , Agencias Gubernamentales , Humanos , Italia , EmbarazoRESUMEN
The legislative criteria of the various European countries, as far as voluntary interruption of pregnancy is concerned, differ in the levels of severity employed by the law of the single nations. The authors analyze the legislation of some of European countries and, as a result, they identify countries that may be defined as more tolerant and others where the law is more restrictive. Italy is to be dealt with separately, because its legislation as regards this subject presents a greater interpretative ambiguity. In the end they analyze religious attitudes underlying the laws on voluntary interruption of pregnancy, because of the suspicion that the teachings of both Catholic and Protestant theology have influenced the differences in the quality of the law in force as regards termination of pregnancy is certainly well-grounded, and on the other hand the philosophy of law certainly owes its meditation both to theology and to the teachings of the Catholic Church.