In brief
In a significant and controversial legislative move, Italy has enacted a law criminalizing the pursuit of surrogacy abroad, extending existing restrictions on the practice within the country. This banning of international surrogacy, applicable even in regions where it is legal such as the US and Canada, imposes severe penalties, including prison sentences of up to two years and potential fines reaching €1 million. The law, championed by Prime Minister Giorgia Meloni and her far-right Brothers of Italy party, has drawn criticism for its perceived discrimination against LGBT couples, who already face challenges to adoption and in-vitro fertilization options domestically.
The law was passed with a vote of 84 to 58 in Italy's Senate. Opponents gathered in protest before the vote, arguing that it restricts pathways to parenthood amidst Italy's declining birthrate. Activist Franco Grillini stated, “If someone has a baby they should be given a medal,” highlighting the irony of punishing those who seek non-traditional paths to parenthood. Critics argue that there is no precedent for such legislation globally, calling it "monstrous."The conservative agenda is further reflected in Meloni's personal views on family, where she promotes the notion that children should be raised in traditional family structures. Meloni's administration has already taken measures against same-sex parent registrations in local councils. Despite assertions that the law aims to protect women’s dignity, experts estimate that approximately 90% of surrogacy arrangements in Italy involve heterosexual couples—many of whom seek services abroad due to local restrictions.Globally, surrogacy laws vary widely. While countries like Italy, Spain, France, and Germany prohibit all forms of the practice, others, such as Greece, offer conditional legal protections. The US and Canada, however, fully recognize the parental rights of same-sex couples and allow for surrogacy arrangements without such restrictions, thereby underscoring Italy's growing isolation on this issue.In light of this crackdown, the concerns of LGBT families in Italy deepen, as many fear that the law will leave their children in legal limbo upon their return to Italy. The emphasis on traditional family structures and the criminalization of foreign surrogacy echoes a broader trend of attacks on reproductive rights and LGBT recognition amid rising far-right politics in Europe.
