Italy has made it illegal for couples to go abroad for surrogacy.
The move expands the ban on domestic acts to include those who seek it in places where it is legal, such as the United States and Canada. Breaching the law could result in up to two years in prison and a fine of up to €1 million (approximately £835,710).
Critics say the law, proposed by Italy’s far-right ruling party, targets LGBT couples, who are not allowed to adopt or use in vitro fertilization in the country.
Surrogacy refers to a woman becoming pregnant for another couple or individual, usually because of fertility issues or because the man is in a same-sex relationship.
The law was passed by Italy’s Senate on Wednesday with a vote of 84 to 58.
At protests ahead of the vote, opponents of the law said it would make it harder for people to become parents, even as the country’s birth rate is declining.
LGBT activist Franco Grillini, who attended the demonstration, told Reuters: “If someone gives birth to a baby, they should be given a medal.”
“Here, if you don’t have children in the traditional way, you are sent to prison instead.
"This is a terrible law. No country in the world has such a law.”
The move is part of the socially conservative policies of Giorgia Meloni, Italy’s first female prime minister and leader of the Italian Brotherhood party.
She describes herself as a Christian mother and believes that children should be raised only by men and women.
Meloni has previously spoken out against surrogacy involving LGBT couples, and anti-LGBT rhetoric was a key feature of her campaign.
In a 2022 speech, she said, “Yes to the natural family, no to the LGBT lobby.”
In 2023, the Milan government instructed the Milan City Council to stop registering children with same-sex parents.
Meloni described surrogacy as “a symbol of an abhorrent society that confuses desire with rights and replaces God with money.”
His attorney, Matteo Salvini, also called the practice of treating women like “ATMs” an “extraordinary situation.”
The lawmaker who drafted Wednesday’s ban previously denied the bill was intended to harm LGBT people, saying “most people who use surrogacy are heterosexual.” did.
It would “protect women and their dignity,” said Karolina Varchi.
Experts told the BBC that 90% of couples who use surrogacy in Italy are heterosexual, and many hide the fact that they have gone abroad to have their baby.
But same-sex families who return to Italy with their children cannot hide in the same way.
LGBT couples have previously told the BBC of their concerns about the law.
