Italy Prohibits Couples From Seeking Surrogacy Overseas

Italy on Wednesday made it illegal for couples to go abroad to have babies through surrogacy.

Surrogacy is when a woman carries pregnancy for another couple or individual, usually due to fertility issues or because they are men in a same-sex relationship.

The law was passed by 84 votes to 58 by lawmakers in Italy’s senate on Wednesday.

According to the new legislation, the move also extends the ban on the practice inside the country, including those who seek it out in places where it is legal, like the United States or Canada.

Violators of the law could face up to two years in prison and fines of up to €1m (£835,710).

The law, proposed by Italy’s far-right governing party, is seen by critics to target LGBT couples – who are not allowed to adopt or use IVF in the country.

In a protest ahead of the vote, opponents to the law said it made it harder for people to become parents – despite the country’s declining birth rate.

“If someone has a baby, they should be given a medal”, LGBT activist Franco Grillini told the Reuters news agency at the demonstration.

“Here, instead you are sent to jail if you don’t have children in the traditional way. This is a monstrous law. No country in the world has such a thing.”

The move is part of the socially conservative agenda of Giorgia Meloni, says Italy’s first female prime minister and leader of the Brothers of Italy party.

She has described herself as a Christian mother and believes children should only be raised by a man and a woman.

Meloni had previously spoken out against surrogacy involving LGBT couples, and anti-LGBT rhetoric was a key feature of her election campaign.

In a speech in 2022, she said, “Yes to the natural family, no to the LGBT lobby”.

In 2023, her government instructed Milan’s city council to stop registering the children of same-sex parents.

Meloni then described surrogacy as “a symbol of an abominable society that confuses desire with rights and replaces God with money”.

Her deputy, Matteo Salvini, has also called the practice an “aberration” that treats women like an “ATM”.

The lawmakers that drafted Wednesday’s ban previously denied that it was designed to harm LGBT people, “Most people who use surrogacy are heterosexual.”

It would “protect women and their dignity”, said Carolina Varchi.

Experts told the BBC that 90% of the couples who use surrogacy in Italy are straight, and many of them hide the fact that they have gone abroad to have a baby.

But same-sex families returning to Italy with a child cannot hide in the same way.
LGBT couples previously told the BBC of their fears surrounding the law.