Italy changes rules for surrogates: people enraged

Surrogacy insurance in Italy will now also cover people going abroad

Italy has taken another step in its attempt to ban surrogacy completely. A law has been adopted that criminalizes citizens who travel abroad to have children through surrogacy. This decision, taken on Wednesday, has already been criticized as a "medieval" outdated measure, which is mainly directed against same-sex couples.

The new law, which extends Italy's ban on surrogacy that has been in force since 2004, was strongly supported by the far-right Italian Brothers party, led by Prime Minister Giorgia Meloni, and its conservative coalition partner, the League party. While critics express strong disapproval, supporters of the law argue that the ban protects women's dignity^[1].

After seven hours of debate, the Senate voted in favor of the law. 84 politicians supported the new amendments and 58 were against. This was the final step in the legislative process after the law was approved by the Lower House last year.

Using surrogacy carries a 2-year prison sentence

Under the new law, Italians who try to circumvent Italy's bans on traveling to countries such as Canada or the US to take advantage of legal surrogacy there will face extremely severe penalties. They could face up to two years' imprisonment and a fine of up to €1 million. These measures are designed to prevent Italian citizens from using surrogacy services abroad, which are strictly prohibited in Italy.

Although the law officially applies to all couples, critics say it will hit gay families particularly hard. In Italy, where fertility rates are among the lowest in Europe and adoption is restricted to heterosexual couples, the LGBTQ+ community faces serious challenges. The community is actively criticizing the government's actions, arguing that the new bans will make it more difficult for same-sex couples to start a family and will perpetuate discrimination^[2].

Italy also bans same-sex marriage, and LGBTQ+ couples are still fighting for the right to legalize their partner's status if one of them is not the biological father of the child.

LGBTQ+ activists hold a protest to criticize the government for decisions against them

Following the law's adoption, LGBTQ+ rights activists and some lawmakers gathered in front of the Italian Senate to protest. Holding placards reading "Parents, not criminals", they expressed their opposition to the decision, stressing that they saw its discriminatory nature. During the protest, opposition politician Riccardo Magi said:

"Bans cannot destroy social phenomena. They are simply pushed into the shadows where the law cannot reach them, which only increases the risk of exploitation and abuse."

Cristiano Giraldi, a father of two children who were born thanks to a surrogate mother in the US, commented:

"We are very disappointed that Italy has once again missed an opportunity to show that it is a modern country that is moving with Europe and the world."

While surrogacy is widespread in the US, with legal and medical protection for both mothers and fathers, the practice remains illegal in some European countries.