The European Court of Human Rights (ECHR) recently rendered a verdict rejecting appeals lodged by Italian same-sex and heterosexual couples challenging their country’s restrictions on the recognition of children born abroad through surrogacy. Surrogacy remains banned in Italy, with Prime Minister Giorgia Meloni’s right-wing government specifically targeting gay men who utilize this method to build families, despite its broader prevalence among heterosexual couples.
In three separate rulings, the ECHR determined that the Italian regulations do not violate Article 8 of the European Convention on Human Rights, which safeguards the right to respect for private and family life. Under the existing restrictions in Italy, children born through surrogacy are only allowed to have one legal parent—the biological one. However, an adult who is not the biological parent can obtain parenting rights through a specialized adoption procedure.
Although the ECHR concluded that the adoption option adequately ensures the rights of these children, some LGBT rights groups argue that the adoption process is costly, protracted, and imposes excessive emotional burdens on same-sex families. Nevertheless, Italian Family Minister Eugenia Roccella emphasized on Facebook that the court’s decision supports the notion that “Italian rules on adoption” can fully guarantee the relationship between a child and the partner of their biological parent.
In alignment with its conservative agenda on family matters, Meloni’s government has directed city councils to cease registering the children of same-sex couples and is advocating for stricter legislation against surrogacy. A proposed law currently under discussion in the lower house of parliament seeks to expand the existing ban to include couples who engage in surrogacy arrangements abroad, penalizing them with imprisonment for up to two years and fines of up to 1 million euros ($1.10 million).
The ECHR’s ruling on Italian surrogacy restrictions not only affects same-sex couples seeking to establish legal recognition for their children but also raises concerns about the broader implications for LGBT rights within the country. The decision comes amidst ongoing debates surrounding the accessibility and fairness of the adoption process, particularly for same-sex families. LGBT rights groups continue to advocate for comprehensive reforms that safeguard the rights and well-being of all families, regardless of their sexual orientation or gender identity.
