Italian lawmakers on Wednesday approved a bill extending the country's ban on surrogacy to include couples who seek it abroad, despite concerns that this move could harm children's rights. The bill, which was passed by the Senate, makes it a prosecutable offense for Italians who engage in surrogacy in other countries upon their return home.
The legislation was strongly supported by the far-right Brothers of Italy party, led by Prime Minister Giorgia Meloni. Meloni, who describes herself as a 'Christian mother,' won the 2022 elections on a platform of nationalism and traditional family values. Families Minister Eugenia Roccella emphasized that the ban positions Italy at the forefront of nations protecting rights, stating that 'people are not objects, children cannot be bought, and you cannot sell or rent human body parts.'
Under existing 2004 legislation, involvement in surrogacy in Italy carries penalties ranging from three months to two years in jail and fines between 600,000 euros and one million euros. However, until now, Italians who could afford it have been able to travel to countries where surrogacy is legal, such as the United States or Canada. Media reports indicate that the majority of these cases involved heterosexual couples unable to have children naturally.
Critics argue that extending the ban to include overseas surrogacy is both impractical and unconstitutional. Left-wing MP Riccardo Magi described the day as 'black' for parliament, rights, and freedoms, stating that the right has made it illegal for Italian citizens to use surrogacy even in countries where it is legal, regulated, and safe. Magi further criticized the law for equating childbirth and parenthood with 'universal crimes' like paedophilia and genocide, and vowed that the opposition would challenge it in the Constitutional Court.
This issue is part of a broader, unresolved problem in Italy regarding the legal recognition of children born to same-sex couples, leaving them in a legal limbo where only the biological parent is registered on the birth certificate, necessitating a lengthy and costly adoption process for the other parent.
