Italy has introduced a law making it illegal for couples to travel abroad for surrogacy, extending the country’s existing ban on the practice domestically.
The new law targets those who seek surrogacy in countries where it is legal, such as the US or Canada, with penalties of up to two years in prison and fines reaching €1m.
Proposed by Italy’s far-right ruling party, the law is widely seen as aiming at LGBTQ+ couples, who are already prohibited from adopting or using IVF in the country.
Surrogacy, a process where a woman carries a pregnancy for another couple or individual, is typically sought due to fertility issues or by men in same-sex relationships.
The law passed in Italy’s senate on Wednesday by a vote of 84 to 58. Critics argue that it will make it harder for people to become parents, especially amid Italy’s declining birth rate.
Speaking at a protest before the vote, LGBTQ+ activist Franco Grillini criticised the legislation: “If someone has a baby, they should be given a medal. Here, instead, you are sent to jail… if you don’t have children in the traditional way. This is a monstrous law. No country in the world has such a thing.”
The law aligns with the socially conservative policies of Prime Minister Giorgia Meloni, Italy’s first female leader and head of the Brothers of Italy party. A self-described Christian mother, Meloni believes children should only be raised by a man and a woman. Her government has previously instructed Milan’s city council to stop registering the children of same-sex parents.
Meloni has been vocal in her opposition to surrogacy, particularly when it involves LGBTQ+ couples. In a 2022 speech, she declared, “Yes to the natural family, no to the LGBT lobby.” She has also described surrogacy as “a symbol of an abominable society that confuses desire with rights and replaces God with money,” while her deputy, Matteo Salvini, has referred to it as an “aberration” that treats women like an “ATM.”
Carolina Varchi, the MP who drafted the bill, argued that the law is not specifically targeted at LGBTQ+ people, noting that “most people who use surrogacy are heterosexual.” She claimed the ban aims to protect women’s dignity.
It is reported that 90% of Italian couples who use surrogacy are heterosexual, many of whom hide the fact they have gone abroad for the procedure. Same-sex couples, however, cannot conceal this in the same way when returning to Italy with their children, raising concerns within the LGBTQ+ community.
Many LGBTQ+ couples have expressed fears over the new law, which they feel disproportionately impacts their ability to form families.
