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Paola Scaruffi1, Maria Rita Primavera1, Luiza Helena Abbamonte1, Shanti Levi1, Caterina De Leo2, Annamaria Nicoletti1 and Paola Anserini1,*1Center of Physiopathology of Human Reproduction, Department of Obstetrics and Gynecology, ‘San Martino’ Hospital, L.go R. Benzi, 10, 16132 Genova, Italy 2Department of Obstetrics and Gynecology, University of Genova, Genova, Italy *Correspondence address. Tel: +39-010-5555843; Fax: +39-010-5556909; E-mail: paola.anserini{at}hsanmartino.itSir, In February 2004, the Italian Parliament approved a law (namely 40/2004) regulating assisted reproduction technology ( Benagiano and Gianaroli, 2004). This law imposed many limitations on Italian reproductive specialists. The most important of these restrictions was the provision that no more than three oocytes could be fertilized at one time during an IVF treatment, since all embryos obtained had to be transferred simultaneously. On May 2009, the Italian Constitutional Court outlawed some restrictions set out in the 40/2004 law ( Benagiano and Gianaroli, 2010). The most important point of the ruling is that embryo protection is limited by the imperative to ensure a concrete possibility to achieve a successful pregnancy. The Court also strongly reaffirmed the supremacy of the physician's judgment in carrying out a full evaluation and a personalized treatment plan for each woman and couple. Therefore, Italian reproductive specialists can now define an individualized optimal number of embryos to give the best chance of achieving a pregnancy while limiting the number of cryopreserved embryos. The recently published article by Levi Setti et al. (2010) reported a retrospective analysis of 3274 IVF cycles, comparing fresh cycles before and after the 40/2004 law was modified. No significant difference was found between the two groups in terms of patients’ age, basal FSH levels, … This ArticleHum. Reprod. (2011) 26 (4): 959-961. doi: 10.1093/humrep/der014 First published online: February 11, 2011
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