Test genetici di paternità in gravidanza : una scelta oppure un obbligo per l’operatore?

The rapid development of molecular diagnostic techniques in the last twenty years has been followed by an ethical and regulatory adjustment which turned out to be difficult and complex. At the same time the media contribute to convey to the public the idea of a virtual absence of limits, especially when dealing with genetic investigations, which often leads to an unconscious violation of the same regulations. However it is not uncommon to observe that these rules are sometimes violated with full consciousness. This manuscript will analyse the issue of genetic paternity testing performed during pregnancy in the light of the Italian legislation. This study does not cover a full revision of the international legislation, but it could become a starting point in order to discuss an issue which is currently credited with only marginal consideration. After reviewing the main analytical techniques and the legal status of the embryo, the Authors revised the legal framework and the principles of the medical code of conduct regarding genetic discrimination in relation to the Law n. 194/1978 (the Italian law governing the voluntary termination of pregnancy in some specific situations). The main point to consider is whether DNA paternity tests are legally allowed during pregnancy. In either case there are significant legal and ethical implications for the health care professional when asked for prenatal paternity testing. From this study emerges the need for a legal clarification aimed at standardising the rules, avoiding arbitrary decisions.