Italy has expanded its ban on surrogacy to cover citizens who seek to have children through this method overseas. The move has sparked criticism, with opponents arguing that the ban unfairly targets same-sex couples.
The new measure, which criminalizes Italians who travel abroad for surrogacy, has been described as “medieval” and discriminatory towards the LGBTQ+ community. The ban, which has been in place since 2004, was pushed through by Premier Giorgia Meloni’s far-right Brothers of Italy party and their conservative coalition partner, the League, who claim it upholds women’s dignity.
Following a seven-hour debate, the Senate approved the bill with an 84-58 majority, following the Lower House’s endorsement last year. Under the new law, Italians engaging in surrogacy in countries like the United States or Canada, where it is legal, could face imprisonment for up to two years and fines of up to 1 million euros ($1.1 million).
While the surrogacy ban applies to all couples, critics argue that same-sex families are disproportionately affected, especially in a country with dwindling birth rates and restrictions on same-sex marriage and adoption. LGBTQ+ advocates have been advocating for parental rights recognition for non-biological parents.
Protests erupted outside the Senate, with lawmakers and activists denouncing the law. Banners reading “Parents, not criminals” were displayed as opposition lawmaker Riccardo Magi highlighted the consequences of pushing social phenomena into the shadows.
Criticism of the ban also came from individuals directly impacted, such as Cristiano Giraldi, a father of two children born via surrogacy in the U.S. who expressed disappointment in Italy missing an opportunity to align itself with global norms.
The Catholic Church, a vocal opponent of surrogacy, has supported the ban, with Pope Francis calling for a universal prohibition due to concerns about the commercialization of pregnancy. However, the Vatican has clarified that children of same-sex parents who use surrogacy can still be baptized.
Unlike the U.S., where commercial surrogacy is regulated with safeguards, including legal protections and medical coverage, such contracts are banned in parts of Europe like Italy and Spain. The debate over surrogacy continues to raise ethical and legal challenges in various countries, underscoring the complex intersection between reproduction, family, and law.