Italy criminalizes surrogacy abroad in move slammed as ‘medieval’ by critics

Italian parents who have made the often difficult and expensive decision to have children through surrogacy abroad have been thrown into a state of fear after a sudden shift in the country’s already strict restrictions on bringing those children up in Italy.

Italy has broadened its legislation on surrogacy, which has been illegal in the country since 2004, to now criminalize “surrogacy tourism” in countries like the United States and Canada, subjecting any intended parent who breaks the law to fines of up to €1 million ($1 million) and jail terms of up to two years.

As written, the law does not affect parents whose children born of surrogacy are already registered in the country, but many parents of younger children fear they could be targeted anyway when their children reach school age and have to register for the public school system.

The law, which came into effect immediately, passed the Italian Senate 84-58 after an impassioned debate that lasted more than seven hours on Wednesday and at times seemed as if it would come to blows.

Protesters demonstrating in front of the Senate during the lengthy debate carried signs that said: “We are families, not crimes,” and featured photos of their children under the words “the children we could never have.” Meanwhile, some called the proposed law a “medieval” ruling in interviews with Italian media.

The bill was introduced by Giorgia Meloni’s ruling far-right Brothers of Italy party and personally pushed by the prime minister, who has found in Pope Francis an ally on the surrogacy issue – underscoring the continued political influence of the Catholic Church in Italy, especially when it comes to reproductive issues.

Italy was one of the last western European nations to legalize same-sex unions, which it did in 2016, but still does not recognize same-sex unions as “marriage” under pressure from the Italian Catholic Church.

Meloni welcomed the Senate’s decision on X Wednesday, calling it “a common sense rule against the commodification of the female body and children. Human life has no price and is not a commodity.”

Earlier this year, Francis called for a global ban on surrogacy, describing the practice as “deplorable” and insisting that “a child is always a gift and never the basis of a commercial contract.” The pope, however, has not called for the practice to be criminalized and a 2023 Vatican doctrinal ruling pointed out that children born through surrogacy can be baptized.

The Catholic Church opposes surrogacy because it is “contrary to the unity of marriage and to the dignity of the procreation of the human person” and is against in-vitro fertilization (IVF) because the process involves the disposal of unneeded embryos, which the church believes is immoral.

Francis has shifted the church’s approach on welcoming LGBTQ people, but has maintained a strong line opposing both abortion and surrogacy. He has framed his critique of surrogacy as part of his long-running concerns about a “throwaway culture” where human beings are considered as “consumer goods” to be discarded and in surrogacy sees a danger of poorer women being exploited.

The new Italian law does not differentiate between same-sex and heterosexual couples, nor between altruistic or paid surrogacy, but it will disproportionately affect the LGBTQ community, advocates fear.

“The alleged defense of women, the vaunted interest in children, are just fig leaves behind which the homophobic obsession of this majority is hidden, not so much,” Laura Boldrini, an Italian politician and former speaker of Italy’s lower house of Parliament who also joined the protest in front of the Senate posted on X.

“Law or no law, same-sex families exist and will continue to exist. We will always be at their side in the battle for the affirmation of the rights of boys and girls and the self-determination of women.”

Alessia Crocini, president of the Rainbow Families advocate group, said: “We as Rainbow Families will not stop and will continue our battle in the courts and in the streets. We will fight every day to affirm the beauty and freedom of our families and our sons and daughters.”

Italy already bans gay couples from adopting children and last year the country started removing lesbian mothers’ names from some birth registrations if they were not the biological parent. Many local governments have already changed birth registrations to allow for only “mother” and “father” rather than “parent 1” and “parent 2,” which is widely accepted across the European Union.

Michela Calabro, head of LGBTQ rights group Arcigay’s political arm, called the law a serious denial of individual freedoms and self-determination.

“Introducing a crime, even a universal one, not only limits the possibility of choice, but also fuels a patriarchal vision of women’s bodies,” she said in a statement on X. “This measure highlights the Government and Parliament’s inability to address other important and urgent issues in our country. In fact, the parliamentary majority once again chooses to demonstrate its strength mainly on ideological arguments, while on pragmatic issues it confirms its total inability.”

It is unclear how the new law will be enforced, or if DNA checks could be required when babies are said to be born to Italian women abroad.

LGBTQ activists who protested outside the Senate on Wednesday said that heterosexual couples make up 90% of all surrogacies.

They argue that those couples will still be able to “sneak their children in” and get around the new law since, in the US and Canada, intended parents’ names can be put on foreign birth certificates for babies born to surrogates in compliance with state rules. Gay male couples would find it harder to find a loophole when returning to Italy.

The new legislation could prove challenging for Meloni politically. She enjoys a strong approval rating, with the latest polls showing she has 29.3% support (up 3% from when she took office in late 2022).

But the broad reach of the legislation has prompted wide criticism, including from heterosexual couples who have come out to protest alongside those in the gay community. She is also a close political ally of tech billionaire Elon Musk, who has had children via surrogates and who spoke at her political convention in December, telling her supporters to “make more Italians” to combat the country’s dwindling birth rate.

The pope and Meloni have also found common ground on this topic, with the pair joining forces at a conference aimed at tackling Italy’s declining birth rate, while Francis has generated attention for his view that some couples nowadays prefer to have pets rather than children.

But not all of Meloni’s policies are in line with those of Francis. The same day the controversial law passed, Italy began shipping some migrant men rescued at sea to Albania, in a move that is starkly against the Church’s teaching that migrants should be welcomed and Francis’ outspoken advocacy on this topic.