Italy has enacted a law that criminalizes couples seeking surrogacy abroad, effectively extending the existing domestic ban on the practice to include those who travel to countries where surrogacy is legal, such as the United States and Canada.
Individuals who violate this new law may face penalties of up to two years in prison and fines reaching €1 million, £835,710.
This legislation, proposed by Italy’s far-right ruling party, is widely perceived as targeting LGBT couples, who already face significant barriers to parenthood, including prohibitions on adoption and in vitro fertilization within the country.
Surrogacy, a process where a woman carries a pregnancy on behalf of another individual or couple—often due to fertility challenges or in cases involving same-sex male couples—has become a contentious issue.
The new law passed in Italy’s Senate by a margin of 84 votes to 58 on Wednesday, reflecting the government’s conservative stance.
In anticipation of the vote, opponents of the law staged protests, arguing that it complicates the path to parenthood at a time when Italy’s birth rate is declining.
LGBT activist Franco Grillini articulated the sentiments of many demonstrators, stating, “If someone has a baby they should be given a medal. Here instead you are sent to jail… if you don’t have children in the traditional way. This is a monstrous law. No country in the world has such a thing.”
This legislative move is part of a broader agenda led by Giorgia Meloni, Italy’s first female prime minister and leader of the Brothers of Italy party.
Meloni, who identifies as a Christian mother, believes that children should ideally be raised by a man and a woman.
She has been vocal against surrogacy practices involving LGBT couples, and anti-LGBT rhetoric featured prominently in her election campaign.
In a 2022 speech, she asserted, “yes to the natural family, no to the LGBT lobby.” Additionally, in 2023, her government directed Milan’s city council to cease registering the children of same-sex parents.
Meloni has condemned surrogacy as “a symbol of an abominable society that confuses desire with rights and replaces God with money.”
Her deputy, Matteo Salvini, has similarly denounced the practice as an “aberration” that commodifies women. Carolina Varchi, the MP responsible for drafting the ban, claimed it was not aimed at harming LGBT individuals, arguing, “Most people who use surrogacy are heterosexual.” She emphasized that the law aims to “protect women and their dignity.”
Experts estimate that about 90% of couples pursuing surrogacy in Italy are heterosexual, and many go to great lengths to conceal their journeys abroad.
In contrast, same-sex families returning to Italy with a child face public scrutiny and cannot easily hide their situation.
The implications of this law extend beyond Italy’s borders, as surrogacy regulations vary widely worldwide. Countries like Italy, Spain, France, and Germany prohibit all forms of surrogacy.
The United Kingdom allows surrogacy arrangements but prohibits payment beyond the surrogate’s reasonable expenses.
Surrogates are listed on birth certificates until parenthood is transferred through a parental order. In Ireland, the Netherlands, Belgium, and the Czech Republic, courts do not enforce surrogacy agreements, while in Greece, surrogacy is available only to heterosexual couples.
In contrast, the United States and Canada embrace surrogacy, permitting same-sex couples to be recognized as legal parents from the child’s birth.
This stark difference in legal frameworks highlights the complexities and challenges faced by those seeking to expand their families through surrogacy in various global contexts.
