Italy Enacts Law Criminalizing Surrogacy Abroad
On Wednesday, Italy took a significant step by enacting a law that criminalizes the pursuit of surrogacy outside its borders. This legislation, championed by the conservative government led by Prime Minister Giorgia Meloni, is framed as a measure to safeguard the dignity of women. However, critics argue that it effectively denies gay couples and those facing infertility the opportunity to have children through surrogacy, a process that is already illegal within the country.
While surrogacy has been prohibited in Italy, the new law extends the ban to punish Italians who seek surrogacy arrangements in countries where such practices are permitted, including various states in the United States. The Italian Senate passed the bill with a decisive majority, receiving 84 votes in favor versus 58 against.
The legislation has drawn support from the Roman Catholic Church and many feminist groups, both of which have historically opposed surrogacy. Additionally, surrogacy is banned in several other European nations, although it is allowed under specific conditions in countries like the United Kingdom and Greece.
Despite its passage, the comprehensive nature of the law raises questions about its potential to withstand legal challenges. Critics point out that it targets a relatively small segment of families in a nation already grappling with a declining birthrate. Analysts suggest that this legislation may serve as a strategic move for Ms. Meloni to reinforce her conservative values and connect with her political base, which largely consists of individuals opposed to surrogacy and adoption by same-sex couples.
Polls indicate that supporters of Ms. Meloni’s hard-right Brothers of Italy party are particularly resistant to surrogacy and adoption rights for gay couples. While most Italian couples who engage in surrogacy are heterosexual, experts note that the law disproportionately impacts gay couples, as they require a third party to start families. Furthermore, with only heterosexual couples permitted to adopt in Italy, gay individuals find themselves with limited avenues for family creation.