Italy has tightened its surrogacy ban to include citizens who travel to countries like Canada or the United States for surrogate mothers. The Italian Senate passed a bill criminalizing citizens who go abroad to countries where purchasing children through surrogacy is legal. The bill extends an original ban put in place in 2004 which criminalized commercial surrogacy within Italy. It was promoted by right-wing parties, the Brothers of Italy and the League, led by the first woman and mother Premier in Italian history, Giorgia Meloni. Supporters claim the ban protects women’s dignity, while opponents argue it is discriminatory towards same-sex couples.
Under the bill, Italian citizens seeking surrogate mothers in countries where the practice is legal will face fines of up to $1.1 million and two years’ jail time. Pope Francis has called for the end of commercial surrogacy, labelling it “deplorable” and a grave violation of the dignity of women and children based on exploitation. While the Vatican condemns commercial surrogacy, it does not deny children born through surrogate mothers the sacraments like baptism. The Pope emphasized that a child is always a gift and never the basis of a commercial contract.
Italy, Spain, France, and Germany all ban surrogacy outright. The UK allows for surrogates to be compensated within a reasonable amount of their regular expenses, while in the United States, commercial surrogacy is not regulated by the federal government. Children born via surrogate mothers in the US may have the client couple’s name on birth certificates and are often separated from their birth mothers immediately. Same-sex couples are not legally able to adopt children in Italy, where same-sex marriage is also banned. Activists with the LGBTQ movement protested against the new law, arguing that it hurts same-sex couples who want families.
Meloni has called surrogacy “a symbol of an abominable society that confuses desire with rights and replaces God with money.” Opponents of the surrogacy ban claim that it hurts same-sex couples who want families. Italy is facing a record-low birthrate, with 1.2 children born per woman in 2023. The surrogacy ban applies equally to all couples, but only those in heterosexual marriages are legally able to adopt children in Italy. Activists with the LGBTQ movement protested before the Italian Senate in opposition to the new law, with banners reading, “Parents, not criminals.”
The ban on surrogacy extends to citizens who travel abroad to countries where purchasing children through surrogacy is legal. The bill was supported by right-wing parties in Italy, aiming to protect women’s dignity and prevent commercial exploitation of children. Pope Francis has condemned commercial surrogacy as deplorable and a violation of the dignity of women and children. Italy, along with Spain, France, and Germany, has a ban on surrogacy, while the UK and the United States have different regulations regarding compensation for surrogates and the legal rights of children born through surrogacy. The ban has stirred controversy as opponents argue it discriminates against same-sex couples who want to start families.
