Le Sezioni Unite Civili della Corte di Cassazione hanno di recente risolto il contrasto di orientamento sulla responsabilità medica per nascita indesiderata, cristallizzando due principi importanti:
1) La madre è onerata dalla prova controfattuale della volontà abortiva, ma può assolvere l’onere mediante presunzioni semplici;
2) Il nato con disabilità non è legittimato ad agire per il danno da “vita ingiusta”, poiché l’ordinamento ignora il “diritto a non nascere se non sano”.
Viene pertanto confermato che in Italia non sussiste un diritto “a valle” a non nascere se non sano.
E’però consentito l’aborto terapeutico quando siano accertati processi patologici, tra cui quelli relativi a rilevanti anomalie o malformazioni del nascituro, che determinino un grave pericolo per la salute fisica o psichica della donna.
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