Assisted reproduction: Pd pushes to reform Law 40, “Enough with legal battles and trips abroad”

Marco Furfaro’s proposal presented in Parliament: equity of access, scientific guidance, and consultory centers at the core of a new vision for reproductive rights

An outdated law, a changing society

Law 40 on medically assisted reproduction (MAR) has long been at the center of Italy’s bioethical and legal debate. Enacted in 2004, it has been repeatedly reshaped by Constitutional Court rulings and the growing demand from civil and scientific communities. Now, with a new bill presented by Marco Furfaro, the Democratic Party (Pd) is pushing for a major turning point: recognizing parenthood as a right, not a privilege.

Furfaro stated: “Becoming a parent shouldn’t require a legal battle or a plane ticket. The Constitutional Court has spoken, and Parliament must act. Law 40 was born outdated—it’s time for a reform based on science, not ideology.”

Core aspects of the reform

The bill—drafted in consultation with SIRU (Italian Society of Human Reproduction) and public health professionals—sets out to reshape reproductive health policy in Italy. Its key features include:

  • Recognition of individuals’ rights in MAR processes
  • Protection of the child and unborn
  • Clear rules on cryopreservation and donation for research
  • Reinforcement of the National Health System’s responsibilities
  • Strategic revival of family consultory centers, long neglected

This proposal aims to align legislation with current scientific standards and respect for personal dignity, creating a coherent national framework.

Reproductive health as a public right

Marina Sereni, head of healthcare for Pd, emphasized the urgent need to make MAR a guaranteed and accessible right:
“Too many families still face the limitations of Law 40: LEA not applied, endless waiting lists, and unaffordable costs. Reproductive rights must be universal, not dependent on geography or income.”

She also highlighted the lack of consultory centers, with just one for every 35,000 citizens—far from the recommended ratio of one per 20,000. Strengthening this network is crucial to tackle falling birth rates and support young couples.

A pact between science and politics

The bill isn’t ideological; it’s technical, scientific, and constitutional. It addresses the calls from Italy’s highest court and civil society for comprehensive reform.

Furfaro is clear: “You can’t preach about boosting birth rates while ignoring reproductive health, equity of access, and care quality. This proposal is mature, backed by experts, and ready for real parliamentary debate.”

A national duty to act

Italy now faces a fundamental choice: modernize reproductive law or continue to force citizens abroad for solutions that should be offered at home.

With this bill, the Democratic Party invites all political forces to rise to the occasion and put science and dignity at the center of a renewed social pact.


FAQ

1. What does the proposed reform of Law 40 include?
It protects reproductive rights, ensures equitable access to MAR, and strengthens public health structures like consultory centers.

2. Why is Law 40 considered outdated?
Because scientific advances and court rulings have made many of its provisions obsolete or unconstitutional.

3. Who presented the new proposal?
Marco Furfaro, MP and Welfare Head of the Democratic Party.

4. Will assisted reproduction be available to all?
Yes, the reform aims to ensure nationwide access regardless of income or location.

5. What about consultory centers?
The proposal mandates a stronger consultory network, with one center per 20,000 people.

6. Will this lower the financial burden for couples?
Yes, MAR would be fully integrated into the public healthcare system.

7. Are the rights of the unborn child addressed?
Yes, protection of both child and unborn is reaffirmed.

8. What has the Constitutional Court said?
It has repeatedly called on Parliament to revise Law 40 in the interest of rights and justice.

9. Does the proposal regulate research and cryopreservation?
Yes, it provides clear and updated guidelines for both.

10. What is the ultimate goal?
To make reproductive health a guaranteed, modern right for all citizens.

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