The Court of Appeals in Bologna issues an order in an appeal filed by two couples who wanted to access gamete donation at a time it was prohibited under Italian law. In fact, the appeals had been filed before the ban on gamete donation was lifted by the Constitutional Court in April 2014. The Court concluded that the couples can access gamete donation immediately and because the Constitutional Court opinion did not create a “regulatory gap.” Access gamete donation is in fact possible if in accordance with to the health care best practices and current health legislation.

The lawyers Filomena Gallo and Gianni Baldini said that: ”the order call for immediate execution of gamete donation and comes at the end of legal proceedings that began in 2010 and forced the couple to wait for four years to access to gamete donation.”
After the lifting of the ban on gamete donation, the President of the Constitutional Court, declared that ” there isn’t a regulatory gap, in Italy you can do it. The important thing is to respect the law.”
Gamete donation has been already implemented in Tuscany while the Ministry of Health is expected to issue guidelines by the end of the year.


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