Italy prohibits surrogacy arrangements made abroad, sparking criticism labeled as 'medieval' by skeptics.
Italy has expanded its prohibition on surrogacy, a practice that has been illegal in the country since 2004, to now penalize "surrogacy tourism" in nations such as the United States and Canada. Individuals who violate this law may face fines of up to €1 million ($1 million) and incarceration for two years.
The new regulation does not affect parents whose children born through surrogacy have already been registered in Italy, but some parents with younger offspring are anxious that they may be singled out when their children reach school age and need to enroll in public schools.
The legislation, which went into effect immediately, was approved by the Italian Senate with a vote of 84-58 following a heated debate that lasted over seven hours on Wednesday, occasionally appearing on the brink of physical confrontations.
During the debate, protesters gathered outside the Senate, carrying signs that read: “We are families, not criminals,” and featured photos of their children beneath the heading “the children we could never have.” Some interviewed by Italian media labeled the proposed law a "medieval" decree.
The bill was initiated by Giorgia Meloni’s ruling far-right Brothers of Italy party and was backed by the prime minister, who has found support from Pope Francis on the issue of surrogacy - showcasing the Catholic Church's ongoing political influence in Italy, particularly in relation to reproductive matters.
Italy became one of the last western European nations to legalize same-sex unions in 2016, albeit under pressure from the Italian Catholic Church, which still does not view same-sex unions as "marriage."
Meloni commended the Senate's decision on the matter Wednesday, describing it as a "commonsense rule against the commercialization of the female body and children. Human life has no price and is not a commodity."
Earlier this year, Francis advocated for a global ban on surrogacy, labeling the practice as "unacceptable" and stressing that "a child is always a gift, never the basis of a commercial contract." The pope, however, has not called for criminalization of the practice and a 2023 Vatican doctrinal ruling permitted baptism of children born through surrogacy.
The Catholic Church is opposed to surrogacy because it is considered "incompatible with the unity of marriage and the dignity of procreation of the human person," and is also against in-vitro fertilization (IVF) due to the disposal of unneeded embryos, which the church deems unethical.
Francis has softened his stance on welcoming LGBTQ+ individuals, but remains adamantly opposed to both abortion and surrogacy. He has framed his criticism of surrogacy as part of his ongoing concern for a "waste culture" where human beings are considered as "consumer goods" to be discarded, and perceives a risk of exploitation of poorer women in surrogacy.
The new Italian law does not discriminate between same-sex and heterosexual couples or between altruistic and paid surrogacy, but advocates fear it will disproportionately impact the LGBTQ+ community.
Laura Boldrini, an Italian politician and former speaker of Italy's lower house of Parliament who also participated in the protest, stated on X: "Law or no law, same-sex families exist and will continue to exist. We will always be at their side in the fight for the affirmation of the rights of boys and girls and the self-determination of women."
Alessia Crocini, president of the Rainbow Families advocacy group, expressed: "As Rainbow Families, we will not back down and will continue our fight in the courts and on the streets. We will fight every day to uphold the beauty and freedom of our families and our children."
Italy already prohibits gay couples from adopting children and last year began removing lesbian mothers' names from some birth registrations if they were not the biological parent. Various local governments have already altered birth registrations to include only "mother" and "father," rather than "parent 1" and "parent 2," which is widely accepted across the European Union.
Michela Calabro, head of LGBTQ rights group Arcigay’s political arm, referred to the law as a "serious violation of individual freedoms and self-determination."
Calabro continued in a statement on X: "Introducing a crime, even if it's a universal one, not only limits choice options but also encourages a patriarchal perspective on women's bodies. This measure highlights the government and parliament's inability to address other critical and pressing issues in our country. In fact, the parliamentary majority once again demonstrates its strength primarily on ideological grounds, while on practical issues, it confirms its inability to perform."
It is uncertain how the new law will be enforced or if DNA tests will be compulsory when babies are claimed to have been born to Italian women abroad.
LGBTQ activists who protested outside the Senate on Wednesday claimed that heterosexual couples account for 90% of all surrogacies.
They contend that these couples will still have the ability to "smuggle their children in" and circumvent the legislation since, in the US and Canada, intended parents' names can be added to foreign birth certificates for babies born to surrogates in compliance with state regulations. Gay male couples would find it harder to discover a loophole when returning to Italy.
The new legislation could present challenges for Meloni politically. She currently enjoys a high approval rating, with the latest polls showing that she has 29.3% support (up 3% since she took office in late 2022).
The extensive scope of the legislation has sparked considerable backlash, even from heterosexual partnerships that have taken part in demonstrations, supporting both themselves and the LGBTQ+ community. Meloni also shares a tight political bond with tech magnate Elon Musk, who has opted for surrogacy to expand his family and was a guest speaker at her political gathering in December, urging supporters to "increase the Italian populace" to combat the nation's shrinking birth rate.
Meloni and the Pope have found mutual ground on this particular issue, collaborating at a conference to tackle Italy's decreasing birth rate. The Pope's statements regarding modern couples preferring pets over children have garnered significant attention.
However, not all of Meloni's policies align with those of the Pope. In fact, just after the contentious law was passed, Italy started transporting some migrant men rescued at sea to Albania, a move that directly contradicts the Church's teachings encouraging welcoming of migrants and the Pope's vocal support for this cause.
The new Italian law potentially affects families in Europe, as it penalizes surrogacy tourism to nations like the United States and Canada. Italy, being one of the last western European nations to legalize same-sex unions, is now criticized for its stance on surrogacy, with some viewing it as a step backward on human rights in the world.
