The Fate of Cryopreserved Embryos between Itineraries Case Law and de Iure Condendo Perspectives

Abstract

The paper examines the complex issue of embryo cryopreservation in light of the most recent legislative and case law developments, which have led to a significant reconsideration of the legal framework. Although the need to protect the embryo has become a well-established tenet in both scholarly debate and case law, significant unresolved issues remain concerning the disposition of supernumerary embryos and the limits of cryopreservation practices. Against this background, the study explores the delicate balance between embryo protection, scientific freedom, and public health considerations, with the aim of identifying interpretative approaches consistent with constitutional and supranational principles.