Italy’s Surrogacy Ban Extension Deepens Challenges For LGBTQ+ Couples

On October 16, Italy's Senate has passed a controversial law that criminalizes citizens seeking surrogacy services abroad, extending a ban that has been in place domestically since 2004. The measure, promoted by Premier Giorgia Meloni’s far-right Brothers of Italy party and the conservative League, was framed as a means to protect women's dignity. However, this step is expected to worsen the situation for LGBTQ+ couples, particularly same-sex couples who already face significant challenges in the country.

Under the new law, Italians who travel to countries where surrogacy is legal, such as the United States or Canada, can now face severe penalties upon their return. Offenders could be sentenced to up to two years in prison and fined up to one million euros ($1.1 million). The law applies equally to all couples, but same-sex families argue that it disproportionately impacts them. In a country where same-sex marriage is still illegal and only heterosexual couples are allowed to adopt, surrogacy has been one of the few options for LGBTQ+ couples to have children. By criminalizing the practice abroad, the law has effectively shut down one of their remaining options.

Protests erupted in front of the Senate, with lawmakers and LGBTQ+ activists holding signs that read, “Parents, not criminals.” Critics argue that the ban pushes surrogacy into the shadows, making it more vulnerable to abuse and exploitation. Opposition lawmaker Riccardo Magi voiced concern, stating that “When protectionism prevails, a social phenomenon is not erased; it is simply relegated to a dark area.”

Many also view the law as a step backward in Italy’s alignment with broader European and global trends. Cristiano Giraldi, the father of two children born via surrogacy in the U.S., expressed disappointment, saying that Italy missed an opportunity to be more progressive and in line with other countries.

The Catholic Church, which holds significant influence in Italy, has long opposed surrogacy, both domestically and internationally. Pope Francis has called for a universal ban on the practice, condemning it as the commercialization of pregnancy. However, in a somewhat contradictory stance, the Vatican has indicated that children born through surrogacy, including those to same-sex couples, can be baptized.

While commercial surrogacy is common and regulated in countries like the U.S., where mothers and children are protected under legal frameworks, the practice remains banned in much of Europe, including Spain and Italy. This law, with its expansion of penalties, is seen as a further tightening of conservative values in Italy, particularly against the LGBTQ+ community.

(This article is a reworked version of a PTI feed)