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Italy has criminalized citizens who travel abroad to have children through surrogacy, a measure criticized by opponents as “medieval.”
Same-sex marriage is also banned in Italy, and LGBT couples struggle to obtain parental rights for a partner who is not the biological parent.
The measure, which expands the ban on surrogacy in place since 2004, has been promoted by Prime Minister Giorgia Meloni’s far-right Brotherhood of Italy party and its conservative coalition partner, the League, stressing that it protects women’s dignity.
After a seven-hour debate, the Senate approved the bill by a vote of 84 to 58, the final step in the process after approval by the House of Representatives last year.
Italians who seek surrogacy in countries such as the United States or Canada, where the practice is legal, could face up to two years in prison and fines of up to 1 million euros ($1.1 million).
The surrogacy ban applies equally to all couples. But advocates for gay parents say it hits gay families particularly hard in a country with birth rates at record lows and where only opposite-sex couples are allowed to adopt.
Italian Prime Minister Giorgia Meloni (Copyright 2024 The Associated Press. All rights reserved)
Several lawmakers and LGBT activists protested in front of the Senate to oppose the law, some carrying signs that read: “Parents, not criminals.”
“When protectionism prevails, a social phenomenon is not erased. It is simply relegated to a dark area, beyond the reach of the law. In this case, exploitation and abuse are easier,” opposition lawmaker Ricardo Maggi said during the protest. Rights violations will prevail.”
“We are very sad that Italy has once again missed an opportunity to prove that it is a country in line with what Europe and the world are,” said Cristiano Giraldi, the father of two 10-year-old boys born via surrogacy. In the United States
The Catholic Church strongly opposes surrogacy in Italy and abroad, with Pope Francis calling for a global ban and criticizing what he called the “commercialization” of pregnancy.
Meanwhile, the Vatican’s doctrinal office clarified that gay parents who resort to surrogacy can baptize their children.
While commercial surrogacy contracts are common in the United States — including maternal protections, guarantees of independent legal representation and medical coverage — they are banned in parts of Europe including Spain and Italy.
