The Corte di Cassazione, with the sentence of 05.15.2010, n. 13000, has ruled on the legal status of the born, conceived by medically assisted procreation, after 300 days from the death of the father.

The judges ruled that the art. 8 of the act, n. 40/2004 - which attributes the status of children recognized by the couple who expressed the will to resort to medically assisted procreation techniques pursuant to article 6 –also can be applied to case in which the birth takes place over 300 days after the death of the father, regardless of the presumption pursuant to art. 234 c.c.- and therefore, also in the hypothesis of homologous post-mortem fertilization, occurred using the cryopreserved seed of the father, who died even before the embryo was formed.