Distruzione di gameti o di embrioni e perdita di chance procreativa. Profili risarcitori

Technological advancements in Assisted Reproductive Technology (ART) have led to a fragmentation of the procreative process, inevitably determining new aspects of damage: the harmful event can occur at different stages of this process, posing to the interpreter the questions of the identification of a legally compensable situation and the definition of an adequate quantum to satisfy the damage itself. Within this framework, the hypotheses of damage from the loss of embryos and gametes are paradigmatic, the analysis of which is affected by the persistent uncertainties, which can be found in doctrine and case-law, concerning the nature of gametes, the qualification of the cryopreservation contract, as well as the legal status of the in vitro embryo.