The woman has the right to use the embryos created with her spouse and cryopreserved even if she has separated from that spouse and the former partner is against the use. The Court of Santa Maria Capua in Vetere, in the Caserta area, for the first time in Italy, decided in favor of women. The lawyer Gianni Baldini, the woman’s lawyer, explained to Ansa that the court has decided “on this thorny issue, given the growing number of separations and of those who ask for access to the Pma”.
This order adopted by the Single Court said the lawyer again. “It was then confirmed by the Court in collegiate composition this month. These are two pronunciations destined to cause much discussion because they recognize the absolute right of the woman to use the embryos created with her spouse and then frozen even after the separation was pronounced and despite the opposition of the ex-husband ».
“The number of separations is growing, with about 4 out of 10 couples separating within the first 5 years. The requests for medically assisted procreation are also on the rise: over 20% of couples have problems of infertility “, he added the lawyer.
The couple had resorted to medically assisted procreation during their marriage. After a failed first attempt, some embryos had been frozen for a future attempt. Even after the end of the marriage the woman did not want to give up maternity and for this she turned to the court that gave her reason according to article 6, paragraph 3, of law 40 of 2004, that on assisted procreation, according to which “the will can be revoked by each of the subjects up to the moment of fertilization of the egg ». Not after.