Italy has recently tightened its surrogacy ban to include citizens who travel to countries like Canada or the United States for surrogate mothers. The bill passed in the Italian Senate criminalizes citizens who go abroad to purchase children through surrogacy, extending an original ban put in place in 2004. The bill was promoted by right-wing parties and was led by Italian Premier Giorgia Meloni, the first female and mother Premier in Italian history. Supporters of the bill claim that extending the surrogacy ban abroad protects women’s dignity, while opponents argue that it is discriminatory toward same-sex couples.
Under the new bill, Italian citizens seeking surrogate mothers in countries where it is legal to do so will face up to $1.1 million in fines and two years’ jail time. Pope Francis has also condemned commercial surrogacy as a practice that violates the dignity of women and children. While the Vatican prohibits commercial surrogacy, it does not deny children born through surrogate mothers sacraments like baptism. This move by Italy follows a trend in European nations banning surrogacy, with countries like Spain, France, and Germany also implementing bans. The UK allows for compensated surrogacy within reasonable expenses, while the United States has little regulation on commercial surrogacy.
Italy’s surrogacy ban applies equally to all couples, but only heterosexual couples are able to legally adopt children in the country. Same-sex marriage is also banned in Italy, leading to protests from LGBTQ activists who see the new law as discriminatory. The LGBTQ movement has been vocal in opposing the surrogacy ban, arguing that it restricts same-sex couples from starting families. Commercial surrogacy has been criticized by a Special Rapporteur for the United Nations as the sale of children, highlighting the ethical concerns surrounding the practice.
The Vatican and Pope Francis have been vocal opponents of commercial surrogacy, with the Pope referring to the practice as “deplorable.” He emphasizes the importance of viewing children as gifts rather than the basis of a commercial transaction. The bill passed in the Italian Senate is seen as a move to protect the dignity of women and children, according to supporters, while opponents argue that it limits the reproductive rights of same-sex couples. Italy’s record-low birthrate has also been a concern, with only 1.2 children born per woman recorded in 2023.
Countries like Italy, Spain, France, and Germany have outright bans on surrogacy, while the UK and the United States have varying regulations on the practice. In the United States, children born via surrogate mothers may have the client couple’s name on birth certificates, with the child often being separated from the birth mother immediately. The Italian surrogacy ban reflects a conservative shift in European nations, with a focus on protecting traditional family structures and preventing the commercialization of children through surrogacy.
