The law reflects the increasing influence of conservative politics in Italy, particularly under the leadership of Giorgia Meloni.
The legislation is viewed as an attempt to reinforce traditional family structures while marginalizing LGBTQ+ rights.
The decision to criminalize surrogacy abroad could lead to legal complexities for Italians with dual citizenship or those living in countries where surrogacy is legal.
The new law may lead to an increase in underground surrogacy practices among those who still seek this option.
Continued protests and opposition movements may emerge as advocates rally against perceived infringements on reproductive rights and LGBTQ+ rights in Italy.
The law could prompt discussions and potential legal challenges regarding the rights of children born through surrogacy, particularly in cases involving international couples.
Italy Criminalizes Surrogacy Abroad: New Law Sparks Controversy
In a significant move, the Italian Parliament has voted to criminalize surrogacy for couples who seek this option abroad. On October 16, the Senate approved the law, which passed with a vote of 84 in favor and 58 against, solidifying the far-right Fratelli d'Italia party's agenda led by Prime Minister Giorgia Meloni. The new legislation extends existing penalties for surrogacy, which already included fines of up to one million euros and prison sentences of up to two years for such practices within Italy, to include Italians who pursue surrogacy in countries where it is legal, such as the United States and Canada.
The Family Minister, Eugenia Roccella, emphasized that surrogacy commodifies children and undermines the sanctity of motherhood, stating, "People are not objects, children cannot be bought, and parts of the human body cannot be sold or rented." Senator Lavinia Mennuni echoed this sentiment, asserting that motherhood is unique and should not be commercialized.
Opposition and Protests Against the Ban
The law has ignited a firestorm of opposition, particularly among LGBTQ+ advocates and those supporting reproductive rights. Critics argue that the legislation disproportionately impacts same-sex couples and individuals unable to conceive naturally, as it effectively criminalizes their options for parenthood. Franco Grillini, a prominent LGBTQ+ rights activist, criticized the law as a punitive measure against those seeking to expand their families, stating, "If someone has a child, they should get a medal. Here, instead, they send you to prison if you don’t have children in the traditional way."
Alessia Crocini, president of the Rainbow Families association, highlighted that the majority of individuals who resort to surrogacy are heterosexual couples, often doing so discreetly, which suggests that the new ban will primarily affect those who are openly seeking surrogacy, including homosexual couples.
The debate surrounding this law reflects broader societal tensions in Italy, where civil rights for LGBTQ+ individuals remain limited. Italy is one of the few EU countries that does not recognize same-sex marriage, and this latest legislative move has raised concerns among civil rights advocates about the government's increasing conservative stance. Critics, including members of the Democratic Party, have condemned the law as paternalistic and an infringement on personal freedoms, warning that it transforms Italy into an ethical judge over its citizens' private lives.
