In a controversial move, Italy has officially made it illegal for couples to travel abroad to have children through surrogacy. The newly passed law extends the country’s existing ban on domestic surrogacy to include those who seek the practice in countries where it remains legal, such as the United States or Canada. Those caught breaking the law could face severe consequences, including up to two years in prison and fines as high as €1 million (£835,710).
The law was proposed by Italy’s far-right governing party, led by Prime Minister Giorgia Meloni. Italy already prohibits surrogacy within its borders, but the government argues that this extension is necessary to prevent “circumvention” of the country’s legal framework by couples who go abroad to access surrogacy services. The ruling party views surrogacy as exploitative, particularly toward women who are often paid to carry someone else’s baby.
However, critics argue that the ban disproportionately targets LGBT couples, as Italy also prohibits them from adopting or using IVF services. Many same-sex couples, who are unable to access these options domestically, turn to surrogacy abroad to start families. Critics argue that the new law effectively cuts off one of the few remaining avenues for LGBT couples to have children.
Criticism and Concerns
Opposition to the law has been swift and vocal, with human rights advocates and progressive parties decrying the move as a thinly veiled attack on LGBT rights. Italy already has restrictive laws when it comes to adoption and assisted reproductive technologies like IVF, particularly for non-heterosexual couples. The new surrogacy ban, they argue, further limits family-building options for these couples.
For many, the law also raises concerns about Italy’s encroachment on personal freedom. Surrogacy remains a legal and widely accepted practice in many other parts of the world, and critics question whether Italy has the right to impose penalties for actions that are entirely legal in other countries.
Supporters of the law, however, argue that it protects the rights and dignity of women, framing surrogacy as a form of exploitation where women’s bodies are commodified for profit. They argue that extending the ban internationally prevents Italians from taking part in what they see as an unethical practice, regardless of where it takes place.
Potential Legal Challenges
Legal experts anticipate that the new law will face challenges in both Italian and European courts. The extent to which a country can control its citizens’ actions abroad, especially when they involve practices legal elsewhere, remains a gray area. Opponents argue that the ban could violate EU principles of freedom of movement and personal liberty.
This development comes amid rising concerns about a broader rollback of progressive rights in Italy under the current government, which has faced criticism for its stance on LGBT rights, immigration, and women’s issues.
For couples hoping to start a family through surrogacy, the law represents a significant hurdle. Many are now left grappling with limited options for becoming parents, especially in cases where adoption or IVF is not available. With penalties as severe as two years in prison or hefty fines, the ban sends a clear message to couples that pursuing surrogacy, even abroad, will carry heavy consequences.
Italy’s move to ban international surrogacy is part of a broader cultural debate about family, reproductive rights, and personal freedom. While some see it as a necessary step to protect women, others view it as an infringement on the rights of individuals, particularly LGBT couples, who already face significant barriers to family-building in the country.
The law has sparked heated discussions in Italy and beyond, and its full impact will become clearer in the coming months as couples and legal advocates assess their next steps.
