RIDAO East-Asian Law Journal

Journal | RIDAO
Monographic journal issue | Genere e uguaglianza nel contesto dei diritti dell’Asia Orientale
Research Article | The Governance of Reproductive Contingencies between Italy and Japan

The Governance of Reproductive Contingencies between Italy and Japan

Abstract

Gametes cryopreservation led to accumulation of abandoned reproductive cells. A regulatory forecast of possible survivorship has not accompanied such phenomenon and the current laws aren’t capable of determining how the cells should be used in the event of a marriage crisis, death, or transition. In Italy, the law provides no solution, and regulations on assisted reproduction have not been updated in the past 20 years, while the Italian jurisprudence is set to be the one to solve the cases applying quite controversial and outdated rules. In Japan, also, the law does not consider contingencies to consent and cryopreservation of reproductive cells and the Japanese jurisprudence seeks solutions in the Japanese Civil Code. However, in both jurisdictions there is the problem of managing and using cryopreserved cells by applying laws referring to the heteronormative family, based on marriage, and a shared gene pool between children and parents.


Open access | Peer reviewed

Submitted: June 25, 2024 | Accepted: Dec. 5, 2024 | Published Jan. 16, 2025 | Language: en

Keywords Reproductive cellsPost-mortem reproductionAssisted reproductive technologiesReproductive healthEmbryosReproductive rights


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