ABSTRACT

The field of medical assisted reproduction (MAR) represents one of the most challenging examples of the impact of new technologies on legal systems and fundamental rights’ guarantee. From the ethical and legal viewpoint, MAR techniques raise several and controversial issues concerning reproductive rights: for example, who should be granted access to MAR (singles, heterosexual or LGBTI families, etc.)? Which could be a reasonable age limit? How to regulate access to MAR and gametes donation?

With particular reference to rainbow families, legal and ethical issues concerning MAR demonstrate the difficulties that many States are facing. This phenomenon may have a considerable impact on fundamental rights of individuals involved, because a mere prohibition might entail also some relevant legal consequences, such as the need for a fair access to information on services available abroad and, above all, or the legal status and citizenship of the new born and on parenthood once the family comes back to the State of origin.

EU fundamental freedoms and EU law, across the years, played an important role on the definition and extension of reproductive rights (i.e. with reference to the right to information and to the right to movement for reproductive services). The growing phenomenon of reproductive tourism in Europe is particularly relevant for LGBT families, because they are those who suffer at most because of national prohibitions.