Italyʼs parliament has passed a law that makes it illegal for couples to go abroad for surrogacy a move that has sparked heated debate about family rights and traditional values. The legislation which was approved by the Senate with 84 votes in favor and 58 against extends the countrys existing ban on surrogacy (implemented about two decades ago) to include those who travel to nations where the practice is legal.
Under the new rules‚ individuals who break the law could face jail terms of up to two years and fines as high as 1 million euros. This measure is seen as a key project of Giorgia Meloniʼs Brothers of Italy party‚ which has been pushing a conservative social agenda since taking office roughly two years ago.
Lavinia Mennuni‚ a senator from the Brothers of Italy‚ stated during the parliamentary debate: “Motherhood is unique it cant be surrogated‚ and its the foundation of our civilization.“ She added that the aim was to “uproot the phenomenon of surrogacy tourism.“
The governmentʼs stance on surrogacy aligns with the Catholic Churchʼs position‚ with Meloni herself describing it as ʼinhumanʼ earlier this year. However‚ the new law has faced strong opposition from activists and LGBTQ rights advocates who argue that it disproportionately affects same-sex couples.
Franco Grillini‚ a long-time LGBTQ rights activist in Italy‚ expressed his frustration: “If someone has a baby‚ they should be given a medal Here instead you are sent to jail if you dont have children in the traditional way.“
This is a monstrous law No country in the world has such a thing
Alessia Crocini‚ President of Rainbow Families‚ pointed out that while 90% of Italians who choose surrogacy are heterosexual couples they often do so in secret. This means the new ban will primarily impact gay couples who cannot hide their use of surrogacy.
The clampdown on surrogacy comes against a backdrop of Italys declining birthrate. The national statistics institute ISTAT reported about seven months ago that births had dropped to a record low in 2023 marking the 15th consecutive annual decline since 2009.
Critics argue that the law contradicts Italyʼs need to address its falling population by potentially discouraging those who want to have children through alternative means. The legislation has also raised questions about the governments authority to prevent Italians from taking advantage of practices that are legal in other countries.