Italy has passed a new law criminalizing its citizens who travel abroad to have children through surrogacy. The measure, which extends a ban on surrogacy that has been in place since 2004, was supported by the far-right Brothers of Italy party and the conservative League party. The Senate approved the bill with an 84-58 vote after a lengthy seven-hour debate, following the Lower House's approval last year.
Individuals from Italy who seek surrogacy in countries where it is legal, such as the United States or Canada, could now face up to two years in jail and fines of up to 1 million euros ($1.1 million). The ban on surrogacy applies to all couples, including same-sex couples, which has sparked criticism from LGBTQ+ advocates who argue that it disproportionately affects gay families in a country where same-sex marriages are also prohibited.
Opponents of the law, including lawmakers and LGBTQ+ activists, staged protests outside the Senate, denouncing the measure as regressive and harmful. They argue that the law pushes surrogacy into unregulated spaces, increasing the risks of exploitation and rights violations.
Italy's Catholic Church has been a vocal opponent of surrogacy, both domestically and internationally. Pope Francis has called for a universal ban on surrogacy, citing concerns about the commercialization of pregnancy. However, the Vatican's doctrine office has clarified that children born to same-sex parents through surrogacy can still be baptized.
While commercial surrogacy contracts in the U.S. often include protections for mothers and legal safeguards, such agreements are prohibited in several European countries, including Spain and Italy. The new law in Italy reflects a broader trend of tightening restrictions on surrogacy across Europe.
