The downfall of the law of 19 february 2004 n. 40: between ratio legis and parallelism whith nonequivalent legal devices [La caduta delle legge 19 febbraio 2004 n. 40: tra ratio legis e analogie con istituti non equiparabili medico]

Because of its rigour, the Italian law bearing the denomination “Regula-tions on medically assisted reproduction” has been strongly debated from the very beginning and gradually dismantled by jurisprudence. In this article, the authors re-mark that the path followed by jurisprudence is characterized by the total absence of care regarding the unborn child’s rights. The authors rather suggest that the ap-proach of jurisprudence should be guided by considerations on the substance of the law at issue, investigating all the issues involved, including those concerning the posi-tion of the unborn baby, as stated by the ratio of the same law.