Assisted reproductive technologies before de European Court of Human Rights: From Evans v. The United Kingdom to Parrillo v. Italy

Abstract

Although most of the European legal systems regulate assisted reproductive technologies, diversity among member states regarding highly sensitive questions remains (e.g., conditions for access to certain treatments; use of Preimplantation Genetic Diagnosis in order to avoid a children’s genetic disease; resource to heterologous technologies with donated gametes; effects of international surrogacy arrangements; or the final destiny of cryopreserved embryos resulting from an “in vitro” fertilization cycle). The different approaches to these questions highlight the contrasting prevalent values endorsed by European countries. The European Court of Human Rights case-law shows that in a globalized context the maintenance of these divergences promotes procreative tourism. In the following pages, this case-law is under scrutiny, in order to stress the consequences of the different member states policies on assisted reproductive technologies.