Italy Criminalizes Surrogacy Abroad: New Law Enacted

Italy Criminalizes Surrogacy Abroad in New Legislative Move

On Wednesday, Italy enacted a controversial new law that criminalizes couples who seek surrogacy services in foreign countries. This decision came after a lengthy seven-hour debate in Parliament. The bill was originally introduced by Carolina Varchi, a member of the far-right Brothers of Italy party, and received support from the party’s leader, Prime Minister Giorgia Meloni. The legislation, championed by the Brothers of Italy and their hard-right coalition partner, Lega, is framed as a measure to protect the dignity of women, while extending an existing surrogacy ban that has been in place since 2004.

Penalties and Legislative Debate

Under the new law, Italians who pursue surrogacy in nations like the United States or Canada—where the practice is legal—could face severe consequences, including up to two years in prison and fines reaching €1 million. The legislation explicitly states that “anyone who carries out, organizes, or advertises the commercialization of gametes, embryos, or surrogacy” could be subjected to three months to two years of imprisonment and a minimum fine of €600,000.

  • Lega lawmakers proposed an amendment to increase penalties to 10 years in prison and a €2 million fine, but this was rejected by the government and other political factions.
  • Supporters of the bill argue that it aims to protect both surrogate mothers abroad, whom they claim are often exploited, and the integrity of the bond between biological parents and their children.

During the discussions, Brothers of Italy MP Gianni Berrino emphasized, “In the case of surrogate motherhood, the woman does not merely provide an organ; she brings a child into the world. The woman is therefore reduced to an incubator, severing the natural connection between mother and child.” Similarly, Senator Lavinia Mennuni stated, “Motherhood is absolutely unique; it cannot be commodified, as it is the cornerstone of our civilization.” She further expressed the coalition’s intent to eradicate what they term “surrogacy tourism.”

Concerns and Opposition

Despite the proponents’ arguments, many have raised concerns about the law’s implications. Some questioned whether these measures place Italian citizens in a situation of double jeopardy. However, lawmakers supporting the bill clarified that it targets individuals who violate existing domestic laws. Forza Italia Senator Pierantonio Zanettin remarked, “Contrary to some claims, individuals like Elon Musk or Elton John would not face prosecution if they were to find themselves in our country.”

  • Opposition parties harshly criticized the legislation. Anna Rossomando from the center-left Democratic Party described it as “unreasonable and entirely misaligned with the rulings of the Constitutional Court and the European Court of Human Rights.”
  • Alessandra Maiorino, vice president of the populist Five Stars (M5S) party in the Senate, condemned the law as “a crude tactic to exploit the vulnerabilities of children for political gain.”

Unresolved Issues and Implications

The implementation of the new law is fraught with ambiguity, particularly regarding how evidence necessary for prosecution will be gathered. There are also concerns about whether the law could be applied retroactively, which would conflict with Italian legal principles that protect citizens from unfavorable legal actions.

  • Filomena Gallo, secretary of the Luca Coscioni Association—an organization advocating for freedom in scientific research—asserted that the new legislation is “an unjust and discriminatory law, legally unenforceable as it disregards the principle of double criminality, which is a cornerstone of criminal law.”
  • Another significant challenge posed by the law is how the government will handle birth certificates issued abroad. Italy is notorious for its sluggish administrative processes, and this could exacerbate the difficulties faced by new parents trying to register their children.

Moreover, activists have pointed out that the legislation disproportionately affects same-sex couples in a country where same-sex marriage remains illegal. In response to the bill, protesters—including several lawmakers and LGBTQ+ advocates—gathered outside the Senate, holding banners proclaiming: “Parents, not criminals.”

More From Author

Zelenskyy to Present ‘Victory Plan’ at EU Summit Amid Migration and Middle East Discussions

European Court of Justice Rules in Favor of Game Modding

Leave a Reply

Your email address will not be published. Required fields are marked *