Rome – Italy’s government has made it illegal for citizens to travel abroad to engage in surrogacy, expanding its existing ban on practice within the country. The new law, passed by Italy’s senate on Wednesday with a vote of 84 to 58, introduces penalties of up to two years in prison and fines as high as €1 million (£835,710) for violators.
Legislation, proposed by the far-right Brors of Italy party, is viewed by critics as an attack on LGBT couples, who are already prohibited from adopting or using IVF in the country. The move has ignited protests and debate, with opponents arguing that it restricts Italians’ ability to become parents, despite the country’s declining birth rate.
Targeting LGBT Couples?
Surrogacy, in which a woman carries a child for another couple or individual, is typically pursued by heterosexual couples facing fertility issues or by men in same-sex relationships. Critics of the new law claim that it disproportionately impacts LGBT couples, who are unable to adopt or access reproductive technologies like IVF in Italy.
Franco Grillini, a prominent LGBT activist, expressed his outrage during a protest ahead of the vote. “If someone has a baby you should be given a medal,” he said, “Here instead you are sent to jail… if you don’t traditionally have children. This is a monstrous law. No country in the world has such a thing.”
Meloni’s Social Conservatism
legislation is part of a socially conservative agenda championed by Prime Minister Giorgia Meloni, Italy’s first female head of government and leader of the Brors of Italy party. Meloni, who describes herself as a Christian man, has consistently advocated for a family structure based on heterosexual parenting. During her 2022 election campaign, she voiced opposition to LGBT families, saying, “Yes to natural family, no to LGBT lobby.”
Meloni has condemned surrogacy as an immoral practice, calling it “a symbol of an abominable society that confuses desire with rights and replaces God with money.” Her government previously instructed Milan’s city council to cease registering children of same-sex parents, a move seen as an attempt to undermine LGBT rights.
Defending Law
Carolina Varchi, a Member of Parliament who drafted the ban, defended the legislation, denying that it specifically targets LGBT couples. “Most people who use surrogacy are heterosexual,” she claimed, arguing that the law is meant to protect women’s dignity. Varchi, along with government officials, maintains that surrogacy exploits women by reducing their bodies to commodities.
Deputy Prime Minister Matteo Salvini echoed these sentiments, referring to surrogacy as an “aberration” and likening the treatment of women in surrogacy arrangements to that of an “ATM.”
Impact on LGBT Families
While Varchi and her supporters assert that the majority of surrogacy clients are heterosexual, LGBT families fear that they will bear the brunt of the new law. Experts point out that same-sex couples, unlike heterosexual couples, cannot easily hide the fact that they have sought surrogacy abroad when they return to Italy with a child. Many LGBT families have expressed concerns over legal and social implications, with some even fearing for our future ability to raise families in Italy.
A Broader European Context
Italy joins several or European nations, such as Spain, France, and Germany, in outlawing all forms of surrogacy. In contrast, the legal framework surrounding surrogacy varies widely across Europe and the world. In the UK, surrogacy is legal but strictly regulated; intended parents must go through a legal process to become the child’s legal guardians. Or countries, like Greece, allow surrogacy for foreign couples but exclude gay couples or single men. Meanwhile, the US and Canada are among the few countries that fully recognize surrogacy for same-sex couples, granting m legal parenthood from birth.
Future of Family Rights in Italy
Italy’s declining birth rate has raised concerns over the country’s future demographic trends, but critics of the new law argue that it only adds obstacles to people who wish to become parents. Many see the legislation as a reflection of the country’s broader resistance to progressive family policies. With LGBT rights groups and human rights advocates continuing to voice our opposition, the law is likely to face ongoing scrutiny in months and years ahead.
