In a controversial move to tighten surrogacy regulations, Italy’s Prime Minister Giorgia Meloni’s right-wing coalition is pushing a bill through parliament that criminalizes both couples who use surrogates abroad and those who seek surrogacy domestically. The proposed legislation, currently under discussion in the lower house, would introduce jail terms of up to two years and fines of up to 1 million euros ($1.09 million) for those who engage in surrogacy overseas. Responding to the impending law, Family Minister Eugenia Roccella hinted at the possibility of an “amnesty” for individuals who have had children through surrogacy.
Surrogacy has been prohibited in Italy since 2004, leading many LGBT couples who desire children to seek alternative options abroad due to the unavailability of artificial insemination, adoption, and surrogacy within the country. Alessia Crocini, President of Rainbow Families, denounced Roccella’s proposal, emphasizing the offensive treatment of children as “the result of an illegality” and highlighting that surrogacy is legal in the countries where these children were born.
The impact of the proposed ban expansion has drawn particular concern from LGBT rights campaigners, who argue that it disproportionately affects same-sex couples. While heterosexual couples can adopt and access artificial insemination domestically, Italian LGBT couples are forced to go abroad. Crocini revealed that the majority of Italians who opt for surrogacy are heterosexual couples, although they often keep it concealed. Therefore, the stricter ban would predominantly target gay couples who cannot hide their surrogacy journeys.
Prime Minister Meloni, known for her commitment to traditional family values, has been embroiled in further controversy regarding the recognition of same-sex families. The government’s order to city councils to refrain from registering the children of same-sex couples has prompted some prosecutors to request the cancellation of previously issued birth certificates. Just recently, a court in Milan approved the removal of the non-biological father’s name from the certificate of a surrogate child of a gay couple. The court, echoing the government’s stance and supported by the European Court of Human Rights, suggested that the non-biological parent could restore their parenting rights through adoption.
As Italy grapples with surrogacy regulations, the proposed “amnesty” for surrogacy parents and the growing opposition from LGBT rights activists continue to shape the ongoing debate surrounding reproductive rights and recognition of diverse families.