Italy Expands Surrogacy Ban To Include Overseas Births, Sparking LGBTQ Outcry

Italy’s parliament passed a new law on Wednesday, making it illegal for couples to travel abroad for surrogacy, a move seen by activists as targeting same-sex partners. The law, strongly backed by Prime Minister Giorgia Meloni’s conservative government, extends a 2004 domestic surrogacy ban, now criminalizing “surrogacy tourism” with penalties of up to two years in prison and fines reaching €1 million ($1.1 million).

The bill, which was introduced by Meloni’s Brothers of Italy party, passed the Senate with 84 votes in favor and 58 against. It was already approved by the lower house last year. During the debate, Brothers of Italy senator Lavinia Mennuni stated, “Motherhood is unique and foundational to our civilization. We aim to eliminate surrogacy tourism.”

Meloni, who has pursued a socially conservative agenda since taking office in 2022, previously called surrogacy an “inhuman” practice, likening it to treating children as commodities. Her government has promoted traditional family values, making it increasingly difficult for LGBTQ couples to legally become parents.

Protests erupted outside the Senate on Tuesday, with demonstrators arguing that the law disproportionately impacts LGBTQ couples. “If someone has a baby, they should be rewarded. Instead, you’re punished if it’s not done traditionally,” said Franco Grillini, a longtime LGBTQ activist.

Rainbow Families President Alessia Crocini pointed out that although most Italians who choose surrogacy are heterosexual couples, they often do so secretly. Consequently, the ban will primarily affect gay couples, who cannot conceal their actions.

The legislation comes as Italy faces a severe decline in birth rates. ISTAT, the national statistics institute, reported in March that the country had recorded its 15th consecutive annual decline in births in 2023, reaching an all-time low.

Grillini condemned the law, calling it “monstrous,” and noting that no other country has implemented such restrictive measures on a practice that remains legal in various parts of the world.