Italy has now taken its already very hostile stance on surrogacy to a new level after the Senate recently passed a law declaring surrogacy a “universal crime.” Surrogacy has been illegal in Italy since 2004, but this new law adds to the previous law the prohibition of Italian citizens from seeking surrogacy abroad, even in countries where the practice is legal. This has led to intense debates since the issue raises concerns about human rights, reproductive rights, and traditional family values.
Surrogacy as a "Universal Crime"
The ‘‘universal crime’’ (reato universale) used in the new legislation has caused a lot of concern among people. In the context of Italian criminal legislation, this terminology is used exclusively to classify crimes of extreme severity, together with genocidal actions and crimes against humanity. By stretching surrogacy under such offenses, the law sends a powerful symbolic message that reflects the ultra-conservative agenda of the current government.
The sitting Prime Minister, Giorgia Meloni, the head of the far-right Brothers of Italy party, has been vocal in her support of the ban, framing it as a measure to protect women and children from commodification. Opinionated analysts, however, contend that the legislation does the very opposite by limiting reproductive choices and imposing rigid definitions of family structures.
Global Perspectives on Surrogacy
The problem of surrogacy does not have the same approach around the world. Some countries allow surrogacy under certain circumstances, while others prohibit it entirely.
In Greece, non-commercial surrogacy has been legal since 2002. This arrangement allows intended parents to have legal parenthood from the moment of the child’s birth, offering a direct process for families opting for surrogacy. Similarly, in California, commercial surrogacy is allowed, enabling surrogates to receive compensation.
Countries like France and Germany prohibit surrogacy altogether. However, they still provide legal mechanisms for intended parents to establish a relationship with the child through options like legal recognition of the genetic father or enabling adoption. In the UK, the surrogate is recognized as the legal parent at birth, but intended parents can gain parenthood through a surrogacy-specific legal process, which is simpler than traditional adoption.
Italy’s new legislation diverges sharply from these global practices, particularly in its approach to surrogacy sought abroad. Critics say this move violates international human rights standards, particularly affecting the welfare of children born through surrogacy.
International Rulings and Children’s Rights
The European Court of Human Rights (ECHR) has addressed the surrogacy issue in various rulings, reflecting the lack of consensus among its member states. In its 2014 Mennesson v. France judgment and a subsequent 2019 advisory opinion, the ECHR emphasized the importance of protecting the rights of children born via surrogacy. The court asserted that such children must have the possibility of a legal parent-child relationship, even in countries where surrogacy is banned.
Italy’s absolute prohibition runs counter to this reasoning. Legal experts have pointed out that denying children born through surrogacy a recognized parent-child relationship could leave them vulnerable, potentially making them “legally parentless” and “stateless.” A UK study further supports this argument, revealing that most surrogates do not view themselves as mother and are in favor of granting legal parenthood to the intended parents from birth.
A Broader Ideological Shift
The surrogacy ban is not an isolated legislative measure but part of a broader ideological campaign by Meloni’s government. The Brothers of Italy party has consistently championed policies aligned with a traditional, conservative vision of family life. Their platform emphasizes the slogan “God, family, fatherland,” and they have actively pursued measures against same-sex marriage, same-sex adoption, and abortion.
During the Senate debate, a party senator described motherhood as “the foundation of our civilization.” This rhetoric conveys the ideological drive behind the law, which prioritizes “natural” motherhood and family structures. While the government claims these measures protect women and children, critics argue they restrict reproductive choices and discriminate against non-traditional families.
Impact on LGBTQ+ Communities
The new law heavily impacts same-sex couples, who already face strict restrictions in Italy. Same-sex couples are denied access to IVF and adoption, making surrogacy one of their few options for having a child. The ban now completely shuts that option down.
For many same-sex parents, the consequences are severe. The new law imposes up to two years in prison and fines of up to €1 million for Italians who use surrogacy abroad. This forces same-sex couples to choose between leaving Italy to raise their families elsewhere or staying and facing legal consequences.
Even heterosexual couples, who are more likely to access surrogacy discreetly, face challenges under the new law. The ban forces many to hide the origins of their child, forming a culture of secrecy and stigma.
The Broader Implications
The issue brings to light the growing trend of populist governments using LGBTQ+ and women’s rights issues to appeal to conservative voter bases. Framing surrogacy altogether as a threat to traditional values surely raises concerns about the Italian government’s influence on social and cultural change.
However, the law has sparked significant opposition from legal scholars, human rights activists, and the international community. Critics question whether the legislation can withstand legal scrutiny, given its potential conflict with international human rights norms.
At its core, the debate over surrogacy is not just about reproductive technology but about the broader values that shape modern societies. Italy’s decision to criminalize surrogacy, even abroad, highlights the tension between conservative ideologies and the evolving realities of family life in the 21st century.
Italy’s ban on international surrogacy can be seen as part of this process of a return to a more traditional concept a conservative vision of family and maternal role. Using this ban the government has positioned itself at odds with international norms and the growing acceptance of diverse family structures.
While the law purports to protect women and children, its practical implications are far-reaching, particularly for LGBTQ+ communities and those who seek alternative paths to parenthood. As legal challenges loom and international criticism mounts, the future of Italy’s surrogacy policy remains uncertain.
In a world where reproductive technologies are increasingly accessible, Italy’s strict stance raises the question of whether it will inspire similar policies elsewhere or serve as a cautionary tale about the dangers of politicizing family matters. Nonetheless, the debate over this controversial surrogacy ban reflects the government’s unfortunate and complete disregard for the diverse faces and circumstances of modern families.
