Italian men cannot withdraw consent for IVF once embryo formed

Fathers cannot withdraw consent for in vitro fertilisation treatment and thereby stop a woman from implanting a resultant embryo, Italy’s highest court has ruled.

The case involved a woman who had decided, with her husband, to undertake IVF six years ago, but decided to have her embryos frozen while she dealt with a personal health problem.

Shortly afterwards, the couple’s marriage broke down and her ex-husband tried to prevent her from proceeding with the pregnancy. Ruling in the Italian woman’s favour, the constitutional court said that a 2004 law that made male consent for IVF irrevocable was not at odds with the Italian constitution.

Judge Luca Antonini said there was a “turning point” when “one or more” embryos were formed, and that the interests of the woman and the embryo had to take precedence over those of the reluctant father. She will now be able to proceed with implantation of the fertilised egg.

The Iona Institute
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