Italy Criminalizes Seeking Surrogacy Abroad: A Blow to LGBT Families

On Wednesday, Italy passed a landmark law making it a criminal offense to seek surrogacy abroad, tightening the country’s already stringent surrogacy regulations. Prime Minister Giorgia Meloni’s conservative government argues that the law protects women’s dignity and children’s rights. However, critics, particularly within the LGBT community, view the move as a targeted crackdown on gay families. The law will significantly affect gay fathers, cutting off access to surrogacy abroad—one of the few remaining options for them to start families in Italy.

Surrogacy Already Banned in Italy

Surrogacy, where a woman carries and gives birth to a child for another person or couple, has been illegal in Italy for years. However, the new law extends the ban, punishing Italians who seek surrogacy in countries where it is legal, such as the United States. Citizens could now face prison sentences and hefty fines for pursuing surrogacy abroad. This legislation positions Italy among the most restrictive European countries regarding reproductive rights, provoking strong backlash from civil liberties organizations.

Impact on LGBT Families

The new law has instilled fear and concern within Italy’s LGBT community, particularly among gay men, who are already barred from adopting domestically or internationally. Many gay couples viewed surrogacy abroad as their last viable path to parenthood. With this option now closed, activists argue that the legislation disproportionately targets same-sex couples.

Alessia Crocini, president of the advocacy group Rainbow Families, expressed alarm over the law’s enforcement. “While heterosexual couples may find ways to navigate the system, gay fathers won’t be able to hide their situation,” she noted, highlighting how an infant with two male parents would likely raise suspicion at Italian borders or during birth registration.

Broader Political Implications

The legislation is part of Prime Minister Meloni’s broader effort to solidify her conservative base and promote traditional family values in Italy, a nation closely linked to the Vatican. Italy has long trailed behind other European nations in terms of civil liberties, particularly LGBT rights. Critics argue that the new law pushes the country further back, diverging from the more progressive attitudes in Western Europe.

Supporters of the law, however, argue that it prioritizes children’s rights. “Hurrah for children and their right to have a father and a mother,” said Domenica Spinelli, a senator from Meloni’s Brothers of Italy party, during the Senate debate. This sentiment underscores the government’s broader stance on family and reproductive issues.

Challenges Ahead

Although the law has passed, significant questions remain regarding its enforcement, particularly when heterosexual couples return from abroad with children born via surrogacy. Heterosexual couples may be able to bypass scrutiny at customs or during child registration, while gay couples may face more obstacles. Additionally, Italian citizens working as medical staff in foreign fertility clinics could be penalized, adding further complications to the law’s implementation.

Overall, the legislation has ignited a fierce debate in Italy, highlighting a stark divide between advocates of traditional values and those fighting for expanded reproductive freedoms and LGBT rights.