Italy Enforces Controversial Surrogacy Ban for Couples Seeking Parenthood Abroad

In a move that has drawn criticism, Italy has criminalized travel for surrogacy, mirroring its domestic restrictions, particularly impacting LGBTQ+ couples.

Italy has enacted a law making it illegal for couples to travel abroad for surrogacy, expanding existing domestic prohibitions and targeting those who seek this path in nations where it is permitted, like the United States and Canada. The legislation could impose penalties of up to two years in prison and fines reaching €1 million (£835,710). This ban was championed by Italy's far-right government under Prime Minister Giorgia Meloni, who pursues a socially conservative agenda that critics argue disproportionately affects LGBTQ+ individuals, who face significant barriers to adoption and fertility treatments in Italy.

Surrogacy is the arrangement where a woman carries a child for another person or couple, often due to fertility challenges or among same-sex partners. The law was approved by a vote of 84 to 58 in the Senate. Prior to the vote, activists staged protests, asserting that the law hampers parental opportunities amid Italy's falling birth rates. Franco Grillini, an LGBT activist, condemned the legislation, stating, “If someone has a baby they should be given a medal... instead you are sent to jail if you don't have children in the traditional way. This is a monstrous law.”

Meloni, Italy's inaugural female prime minister and head of the Brothers of Italy party, has previously voiced strong opposition to surrogacy, especially regarding LGBTQ+ couples. Her administration has undertaken moves against same-sex family recognition, including directives to cease registering children of same-sex couples in Milan. Meloni has characterized surrogacy as a moral failure, an idea she views as revolting in a society that blurs fundamental values with commercial interest.

The deputy prime minister, Matteo Salvini, has echoed similar sentiments, branding surrogacy as an aberration that commodifies women. Carolina Varchi, the law's architect, disputed claims that the legislation was intended to harm LGBT families, claiming that the majority of surrogacy cases involve heterosexual couples and that the law is meant to uphold women's dignity. Nonetheless, experts reveal that up to 90% of Italian surrogacy clients are heterosexual, many who may conceal their international surrogacy endeavors, leaving same-sex families in a more vulnerable position upon returning to Italy.

The landscape of surrogacy laws globally varies, with countries like Italy, Spain, France, and Germany outlawing all forms of surrogacy. In contrast, the US and Canada welcome surrogacy for same-sex couples and afford them legal recognition from the child's birth. This new law in Italy adds to the ongoing discourse about parental rights and the struggles faced by LGBTQ+ families in the country.