Italy sets strict rules for cross-border surrogacy

Italy has recently put in place tough rules against international surrogacy‚ making it illegal for its citizens to use surrogate mothers in other countries. This new law‚ which was okayed by the Senate on 16th Oct 2024 (after being passed by the lower house last year) puts surrogacy in the same group as very serious crimes like terrorism.

The law is part of Giorgia Meloniʼs governmentʼs efforts to push conservative ideas in Italy. It makes surrogacy a crime that can be punished even if it happens outside Italy – this is something thatʼs not common in laws.

Under the new rules Italian doctors and nurses who work in fertility clinics abroad that help with surrogacies could be in trouble with the law. The punishments are harsh: up to two years in jail and fines of up to 1 million euros (thats a lot of money).

Critics say this law will mostly affect same-sex couples specially gay men. Alessia Crocini‚ who leads a group called Rainbow Families‚ said: “The people who cant hide this are gay couples. This is about [targeting] gay fathers.“ Same-sex couples in Italy already cant adopt children‚ so this new law cuts off another way for them to have families.

Susanna Campione‚ a senator from Meloniʼs party‚ defended the law saying: “It is nature that decides this not us. We wish for this example to be followed [by other countries]. This is a civilized law that safeguards the child but also the woman‚ since we believe that surrogacy essentially reduces a woman to a reproductive machine.“

The law passed after a long debate‚ with 84 senators voting for it and 58 against. Its part of a bigger push by Meloniʼs government to support what they call “traditional family“ values. Theyʼve also tried to stop same-sex couples from registering their childrenʼs birth certificates and want to limit care for transgender minors.

This law is disgusting

Salvatore Scarpa and his partner Luca Capuano had their daughter Paola with help from a surrogate mother in California last year. They plan to have another child the same way‚ even though itʼs now against the law. They said: “They cannot stop our family. How dare they judge us.“

The new law is tricky to enforce. Itʼs not clear when exactly the crime happens – when the surrogacy contract is signed‚ or when the baby is born? Also‚ it might be hard for Italian prosecutors to get medical records from other countries to prove someone used a surrogate.

Some worry that this law could lead to people reporting same-sex couples with children. Vincenzo Miri‚ who leads a group of lawyers fighting for LGBTQ+ rights‚ said: “There is the possibility that you have two fathers with a child‚ and their pediatrician or a next-door neighbor who doesnt accept two fathers with a child decides to press charges. Thats what theyʼre facing.“

This Italian law is seen as the strictest in the West against surrogacy. It could start more talks about an international agreement on surrogacy. Pope Francis has asked for a global ban‚ and the European Parliament has talked about surrogacy as a form of “human trafficking“