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Florence Appeals Court Blocks Post-Mortem Use of Deceased Man's Frozen Sperm and Orders Destruction

Judges held the man's handwritten authorization invalid as contrary to public order under Italy's assisted reproduction law.

Overview

  • The Court of Appeal of Florence upheld a 2021 ruling denying the widow access to the cryopreserved sample.
  • The panel ruled that post-mortem medically assisted procreation is not permitted in Italy and that any testamentary authorization for it is void for public-order reasons.
  • Judges directed the sample's destruction to prevent the woman from taking it abroad for treatment in countries where post-mortem PMA is allowed.
  • The man had banked his semen before cancer therapy and later wrote a handwritten will empowering his partner to use it after his death.
  • The court also said the sample cannot be released for other lawful purposes without the deceased’s specific consent, and a Cassation appeal remains possible.