Informed consent in medically assisted procreation in Italy: medico-legal and ethical challenges shaping physician responsibility - Summary - MDSpire

Informed consent in medically assisted procreation in Italy: medico-legal and ethical challenges shaping physician responsibility

  • By

  • Costanza Raimondi

  • Pia Ferrari

  • Pietro Refolo

  • Antonio Oliva

  • Antonio G. Spagnolo

  • July 2, 2026

  • 0 min

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Objective:

To trace the differences between informed consent in medically assisted procreation (MAP) and standard healthcare consent in Italy, and to examine the medico-legal and ethical implications of these differences for physicians.

Approach:
  • Study Design: Qualitative, interdisciplinary approach based on a critical review of Italian legislation, case law, and bioethical and medico-legal literature.
Key Findings:
  • Informed consent in MAP differs from standard healthcare consent due to its joint nature, function beyond the therapeutic sphere, temporal extension, and partial irrevocability after fertilization.
  • The physician's role extends beyond providing technical information to ensuring adequate, comprehensible, and context-sensitive communication.
  • Structured counselling, repeated informational processes, and careful documentation are essential to support autonomous decision-making and mitigate medico-legal risks.
Interpretation:

The complexities of informed consent in MAP necessitate specific professional training in communication and counselling to address the unique challenges in this field.

Limitations:
  • The study may not encompass all potential scenarios in MAP that could affect informed consent.
  • The qualitative nature of the study may limit generalizability of findings.
Conclusion:

Informed consent in MAP is a complex process with significant legal, ethical, and relational implications for physicians.

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