Italy Expands Surrogacy Ban to Include Overseas Travel

Italy passed a law on Wednesday, October 16th, criminalizing its citizens who seek surrogacy abroad, extending an already existing domestic ban. The law, pushed by Prime Minister Giorgia Meloni’s conservative government, is seen by critics as targeting same-sex couples, who face additional restrictions in a country where adoption and assisted reproductive technologies are limited to heterosexual couples.

The Italian Senate passed the law with a vote of 84 to 58 following a seven-hour debate. Citizens who violate the ban by pursuing surrogacy in countries like 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. Critics argue that this law particularly affects LGBTQ+ families, as Italy does not recognize same-sex marriages and restricts parental rights for non-biological partners.

Protests erupted ahead of the Senate vote, with activists accusing the government of promoting regressive policies. “Parents, not criminals,” read banners held by demonstrators in Rome. Opposition lawmaker Riccardo Magi argued, “When protectionism prevails, a social phenomenon is not erased. It is simply relegated to a dark area, where exploitation and abuse can thrive.”

The law aligns with Meloni’s socially conservative agenda, which prioritizes traditional family values. Meloni, Italy’s first female prime minister, has repeatedly spoken out against surrogacy, describing it as “a symbol of an abominable society that confuses desire with rights and replaces God with money.” Her coalition partner, Matteo Salvini, has similarly criticized surrogacy, calling it an “aberration.”

Despite the law applying equally to all couples, LGBTQ+ advocates argue that it disproportionately harms same-sex families. In Italy, only heterosexual couples are allowed to adopt, and same-sex marriages remain illegal, leaving many LGBTQ+ families with limited options to become parents.

The Catholic Church has also played a significant role in opposing surrogacy, with Pope Francis calling for a global ban on the practice. Although the Vatican condemns surrogacy, it has allowed children born through the method to be baptized, indicating some flexibility on religious grounds.

The new law adds to the challenges facing Italy’s LGBTQ+ community as the country continues to struggle with declining birth rates and social policies that critics say fail to adapt to modern family structures.