The New Italian Guidelines for Assisted Reproduction Technologies (ART): Ethical and Medico-Legal Issues

Background: On 20 March 2024, the Italian Minister of Health, in collaboration with the Italian National Institute of Health (Istituto Superiore di Sanit & agrave;) and the National Health Council (Consiglio Superiore di Sanit & agrave;), issued updated guidelines for assisted reproduction technologies (ART). They introduced two key changes: (1) permitting post-mortem embryo transfers, allowing a woman to proceed with the procedure after her male partner's death, and (2) permitting embryo transfer even if the male partner is alive but the relationship has ended. Objectives: This study explores the ethical and medico-legal challenges posed by the updated Italian ART Guidelines, with a specific focus on the complexities of informed consent and the ethical dilemmas introduced by these provisions. Methods: This study employs a comprehensive review of legislation, case law, and a comparative analysis of national and international norms. Primary and secondary sources include laws, regulations, court decisions, and key ethical and medico-legal perspectives. Results were organized into two thematic areas: the medico-legal dimension, focusing on informed consent, and the ethical dimension, addressing post-mortem and ex-partner embryo transfers. Results: The new guidelines exacerbate the already intricate ART landscape in Italy. Post-mortem and post-relationship embryo transfers raise significant ethical concerns and amplify legal uncertainties. Conclusions: These updates highlight the pressing need for legislative reform to address unresolved ethical and legal issues in ART.