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Italy passed a law on Wednesday making it a crime to seek surrogacy abroad, but the country's conservative government says it protects women’s dignity but does not allow gay or infertile couples to have children as a means of producing children. Critics say it will take away people’s
Surrogacy is already illegal in Italy. But Prime Minister Giorgia Meloni’s government has vowed to expand the ban to punish Italians who seek it in countries where it is legal, such as parts of the United States.
The Italian Senate approved the bill with 84 votes in favor and 58 votes against.
The Roman Catholic Church, along with many feminists, opposes surrogacy, and other European countries have also outlawed surrogacy. In some countries, such as the UK and Greece, it is legal under certain conditions.
The law passed in Italy on Wednesday was so far-reaching that it was unclear whether it would survive legal challenges. The law also targets a relatively small number of families in a country already suffering from low birthrates. Analysts see the bill as a way for Meloni to assert his conservative credentials and appeal to his political base.
Opinion polls show that supporters of Meloni’s far-right Italian Brotherhood party are disproportionately opposed to surrogacy and adoption by same-sex couples.
Most Italian couples who use surrogacy are believed to be heterosexual, according to experts on the issue. However, many feel that same-sex couples are particularly vulnerable to scrutiny under this law because they require a third party to have children. Gay Italians also have few options for starting a family, as only straight couples are allowed to adopt in Italy.
“It’s like being hit by a truck in the face,” said Pierre Morena, who with his partner is seeking a family abroad through surrogacy.
“We are worried about our future and our children’s future,” he said.
Morena criticized the bill for not distinguishing between poor women who are exploited through surrogacy and women in countries such as Canada who voluntarily carry babies without seeking compensation.
Conservative MPs argued in the Senate on Wednesday that surrogacy exploits all women. They also argued that the new law would end the hypocrisy of Italy’s current legal situation, where couples can easily circumvent the surrogacy ban by going abroad. Under the new law, those who do this are subject to prison terms and hefty fines.
Senator Elena Murelli, a member of the Anti-Immigrant Alliance party, called surrogacy a form of “child trafficking”, adding: “You can’t buy a child in a supermarket.”
Liberal MPs argued that surrogacy should be considered a medical solution to infertility and that in countries where gay couples cannot adopt, the law would prevent them from having children at all. .
Opponents of the new law said it also stigmatizes many children born through surrogacy and already living in the country. “They don’t seem to realize that these people already exist,” said Alessandra Maiorino, a member of the Italian opposition group Five Star Movement.
