Cass. civ., 15 maggio 2019, n. 13000

The child born from practices of medically homologous assisted procreation, with the use of the cryoconservated semen of a person who gave his consent in accordance with art. 6 law no 40/2004 to the use of those practices also “post mortem”, and who died before the embryo was formed, assumes the status of son of that married man with respect to the general assumption (foreseen in art. 8 law no. 40/2004) according to which consent is crucial for the attribution of parenthood to all persons born as a result of marriage.