Yes, IVF is legal in Italy but subject to stringent ethical and procedural constraints under Law 40/2004 and subsequent constitutional rulings. The framework permits medically assisted reproduction exclusively for heterosexual couples with infertility or sterility, while prohibiting gamete donation and embryo freezing. Recent 2026 amendments by the Ministry of Health further tighten oversight, requiring mandatory genetic screening for hereditary conditions and limiting the number of transferred embryos to one per cycle, except in cases of advanced maternal age or prior implantation failures.
Key Regulations for In Vitro Fertilization (IVF) in Italy
- Embryo Creation and Transfer Limits: Only three embryos may be created per cycle, with a strict prohibition on freezing or discarding excess embryos. Transfer must occur immediately, adhering to the “single embryo transfer” principle unless clinically justified otherwise.
- Gamete Donation Ban: Both sperm and egg donation are illegal, restricting IVF to the use of the couple’s own gametes. Surrogacy is also criminalized under Penal Code Article 12, reinforcing the ban on third-party reproductive assistance.
- Ethical Oversight by the National Observatory: The Ministry of Health’s Osservatorio Nazionale monitors compliance, enforcing mandatory pre-implantation genetic testing for severe genetic disorders and requiring couples to undergo psychological evaluation before treatment authorization.