La crioconservazione umana verso il mercato non regolamentato della vita. Un'analisi giuridica ed “economica” fra Italia e sistema legislativo britannico

The practice of cryo-conservation has made its debut in the Italian legal system in its practical mode: conservation of cells, tissues and then embryos. The latter fall within the legal remit of Law no. 40 of 2004, which, additionally, aims at favouring the solution of procreative conundrums strictly connected with both sterility and human unproductivity. In doing so, the human activity interferes with the start of the life. From the opposite quarter of the end of life, more recently some private organisations, headquartered in both the USA and Russia, even provide human conservation services to the public. In this second circumstance, the goal is to ensure that the life of the human being is extended, once such existence coincides with the end of a degenerative illness. Based on such a background, where references to the correspondent legislation existing in the UK (the yardstick of this comparative analysis) are not missing, first and foremost the contribution discusses and analyses the latest rulings of the Italian Supreme Court, as far as the wills of embryos and post mortem fecundation are concerned. Second, also in order to peruse the subject from a broader perspective, the application of the cryonic in its final stages is dealt with: in this regard, the analysis unveils the more bizarre paradox. A theory is corroborated pursuant to which, in an even more progressive way and thanks to the techno-scientific evolution, the human being, via the technology, is stepping into the shoes of the nature, the “supremo” by definition of the human life, and this may sadly happen to the detriment of the latter. And the new murky scenario is far from being reassuring and uplifting.