Italians seeking surrogacy services from overseas will now face up to two years in jail or a €1 million (£830,000) fine under an extreme new law.
Far-right politicians in the Brothers of Italy party introduced a bill supported by Prime Minister Giorgia Meloni that criminalises the act of going overseas for a surrogate pregnancy.
It means families that want to have a child through foreign surrogate services could be denied the chance to have their own families or face hefty penalties.
The law, backed by Ms Meloni’s conservative government, was passed by 84 votes to 58 in the Senate.
Surrogacy within Italy has been banned since 2004 despite the country’s declining birth rates, often forcing parents to look overseas instead.
Although surrogacy is also banned in other parts of Europe, families can usually still seek services in countries such as the United States, where it is legal.
This is now impossible for all couples in Italy, regardless of sexual orientation or whether they have fertility issues.
Critics say the new law unfairly penalises same-sex and LGBTQ+ couples, who are already banned from using In vitro fertilisation (IVF) or adoption services in Italy.
“This is a worrying move by Italy, where surrogacy is already illegal. This will have a disproportionately negative impact on same-sex couples. The right to create a family is a human right,” said one social media user.
Another said: “Family diversity should be embraced, not penalised. No government should dictate who can start a family.”
Carolina Varchi introduced the bill, arguing it would “protect women and their dignity”.
People stood in front of the courts while the bill was passed and held signs that read “parents, not criminals”.
“Most people who use surrogacy are heterosexual,” Ms Varchi said. However, campaigners pointed out it still penalises same-sex couples who are unable to keep their surrogacy hidden.
Ms Meloni has previously made same-sex couples targets in her political agenda. She has called surrogacy “a symbol of an abominable society that confuses desire with rights and replaces God with money”.
The move appears to follow the populist playbook that often criticises the LGBTQ+ community, immigrants, and other marginalised groups to consolidate power and divert focus from other political issues.
For the 15th year running, Italy has recorded a steady drop in fertility rates.
Where is surrogacy banned?
Italy isn’t alone regarding surrogacy restrictions, but the bans vary depending on the nation.
Some countries have restrictions on for-profit surrogacy, where the surrogate mother carries the baby to term and is financially compensated for doing so.
For example, you can’t pay a surrogate in the UK to carry a baby beyond reasonable expenses.
But then there’s altruistic surrogacy, where the surrogate mother doesn’t get money for carrying the child.
Spain, Germany, France, Portugal, and Bulgaria are among the countries that prohibit all types of surrogacy — for-profit and altruistic.
The legal rights between surrogates and hopeful parents also vary massively based on each country.
