Il diritto al controllo sulla destinazione dei gameti e gli accordi diretti alla loro crioconservazione

The essay delves into the relationship between individuals and their gametes, especially under agreements for cryopreservation. It challenges the traditional view of treating gametes as movable goods under the law, advocating for a legal status that acknowledges the deep personal and existential interests involved. The article suggests redefining this legal situation as a right to control the destiny of reproductive cells, anchored in the individual’s informed consent. It critiques the Court of Nola’s ruling, which views cryopreservation agreements merely as deposit contracts, ignoring their deeper significance. The paper advocates a more careful understanding of the existential aspects of these arrangements, including protocols for the eventual destruction of gam- etes after the end of the cryopreservation period.