Judgment of the European Court of Human Rights, II Section, 28 August 2012, Costa and Pavan v. Italy (Application No. 54270/10)

According with the European Court of Human Rights, the applicants’ desire to resort to medically-assisted procreation and pre-implantation genetic diagnosis, in order to have a baby that did not suffer from cystic fibrosis, was a form of expression of their private and family life that fell within the scope of Article 8 of the ECHR. The Court found that the interference with the applicants’ right to respect for their private and family life was disproportionate. Furthermore, it noted the inconsistency in Italian law, which denied the couple access to embryo screening but authorized medically-assisted termination of pregnancy if the fetus showed symptoms of the same disease.