The far-right government of Georgia Meloni has successfully passed stringent legislation regarding surrogacy in Italy’s Congress. Under the new law, it is now illegal for individuals to travel abroad to conceive a child through surrogacy, a practice that has been particularly common among gay couples.
This law against reproductive tourism, which has sparked significant debate within Italian society, aims to criminalize not only surrogacy within the country but also to penalize those who seek this option abroad. Previously, many individuals traveled to the United States or Canada, where surrogacy is legal.
Jail and Severe Fines against Offenders
With this new law, surrogacy in Italy is classified as a “universal crime.” Those who violate it could face sentences of up to two years in prison and fines of up to one million euros.
Critics view the law, proposed by Italy’s far-right ruling party, as a threat to LGBT couples, who are not permitted to adopt.
This initiative aligns with the conservative vision of Meloni’s government, which strongly advocates for traditional family values.
The law, passed by the center-right governing coalition in the Italian parliament, states that any Italian citizen who engages in a surrogacy process, whether within the country or abroad, may face criminal penalties.
This includes substantial fines and prison sentences of up to two years for those involved. A notable aspect of this regulation is that, unlike the laws in other countries, it extends the ban beyond Italy’s borders, aiming to curb what the government calls “reproductive tourism.”
The Law Seeks to Stop Reproductive Tourism in Italy
Meloni has argued that commercial surrogacy exploits women’s bodies and takes advantage of the most vulnerable individuals. “We cannot allow a woman’s womb to become an object of transaction,” she stated in a recent interview.
Her stance has garnered support from Catholic and conservative groups, who view this law as a defense of human dignity and the traditional family structure, which is based on biological procreation between a man and a woman.
The Reproductive Rights Debate
The law has faced significant criticism from feminist organizations, LGBTQ+ collectives, and left-wing parties. They argue that the new legislation infringes on the rights of reproductive and non-traditional families.
In Italy, same-sex couples and single individuals already encounter substantial obstacles when trying to start a family through assisted reproduction methods, and this law exacerbates those challenges.
Critics claim that the regulation forces Italians to seek family-building options underground or abroad, where they might confront complicated legal processes and high costs.
Advocates for reproductive rights argue that surrogacy is a valid option for individuals who cannot conceive naturally. Detractors of the law contend that it not only restricts reproductive choices but also reinforces a traditional family model that fails to represent the diversity present in modern society.
Italy’s Position in Europe
Italy has long had one of the strictest surrogacy laws in Europe, banning the practice since 2004. Recently, the government closed a legal loophole that previously allowed couples to travel abroad for surrogacy services.
In contrast, other European countries like the United Kingdom and Greece permit surrogacy under specific regulations, highlighting Italy’s distinctive stance against this practice. The recent actions by Meloni’s government have been seen as a reflection of the rising right in Europe, aiming to solidify policies that promote traditional values.
While countries such as Spain and Germany also ban surrogacy, they do not impose penalties on those who seek surrogacy services abroad. In contrast, Italy has chosen to enforce sanctions, making it one of the most restrictive countries regarding surrogacy. This position could significantly affect Italian citizens and the global reproductive rights landscape.
