Se l'affetto svanisce e il consenso rimane:: la Corte torna sulla procreazione medicalmente assistita

The article analyses the ruling with which the Constitutional Court declared the question of constitutionality of the art. 6 paragraph 3 of law 40/2004 unfounded. In the context concerning medically assisted procreation techniques use, it is not possible for the prospective father to oppose the revocation of his consent to the implantation of the embryo, even though the parental project that constituted it has ceased to exist. The Court, while admitting the social and technological changes of the last twenty years, in the balance between the protection of the embryo, the woman’s expectations and the changed will of the ex-partner still considers the axiological choice made by the legislator of 2004 to be not unreasonable.