Italy has passed one of the strictest laws against international surrogacy in the Western world. The new legislation, which critics argue primarily targets same-sex couples, criminalises Italians who seek surrogacy services abroad. Those found guilty face severe penalties, including jail time and hefty fines. This move by Italy’s government, led by Prime Minister Giorgia Meloni, is seen as a significant step in its conservative agenda to reshape Italian society.

A Law Targeting LGBT Couples?

While surrogacy is already banned domestically in Italy, the new law goes much further by making international surrogacy a crime. Backers of the legislation insist it is aimed at protecting children and women, but critics are clear that the primary target is LGBT families, especially male same-sex couples.

Under the law, any Italian citizen who engages in or facilitates international surrogacy could be prosecuted. However, heterosexual couples are likely to face fewer questions when returning to Italy with a baby. It would be relatively easy for a man and woman to claim the child was born naturally abroad. For same-sex couples, particularly two men, the situation is starkly different. They cannot “hide” the fact that the child wasn’t born naturally to one of the parents, putting them directly in the crosshairs of the law.

“This is about targeting gay fathers,” said Alessia Crocini, head of Rainbow Families, a group that fought against the law. With same-sex couples already banned from adopting in Italy, surrogacy was one of the last avenues left for gay men to start a family. Now, even that option is effectively closed.

Protecting Tradition or Repressing Rights?

Supporters of the law, including members of Meloni’s far-right Brothers of Italy party, frame it as a moral stance. Senator Susanna Campione, one of the law’s backers, stated: “It is nature that decides this, not us.” She believes the law is a step towards a more “civilised” society, protecting women from being reduced to “reproductive machines.”

However, opponents argue that this is just another example of Italy’s right-wing government closing doors to new rights, not opening them. “This is a clear message to society,” said Senator Alfredo Bazoli from the opposition Democratic Party. “We are closing doors instead.”

Meloni’s government has already taken significant steps to push traditional family values. It has moved to prevent same-sex couples from registering their children’s birth certificates and has sought to limit gender-affirming care for minors. The surrogacy ban is just one part of a broader conservative agenda that has included cracking down on climate protesters and labour unions.

A Global Push Against Surrogacy?

Italy’s law comes amid a wider global debate on surrogacy. Pope Francis has condemned the practice as “womb renting,” and there have been calls from various international bodies for a global ban. Earlier this year, an international convention in Morocco saw experts from 70 countries call for universal surrogacy restrictions. The European Parliament has also taken steps to classify the “exploitation of surrogate motherhood” as a form of human trafficking.

In Europe, many countries, including Germany and France, already ban domestic surrogacy. However, enforcement around international surrogacy is less consistent. Italy’s new law is the broadest of its kind, going further than any other nation in its scope.

Despite this, critics argue the law will be difficult to enforce, especially for heterosexual couples. Legal experts suggest that prosecutors will face hurdles in proving that a crime has been committed. They point to the difficulty of obtaining overseas medical records to verify surrogacy arrangements and the fact that many of the acts the law criminalises are legal in the countries where they occur.

Living in Fear

For LGBT families, though, the consequences are real and immediate. Salvatore Scarpa and his partner, Luca Capuano, recently welcomed a daughter via surrogacy in the US. Now, they face the challenge of registering their daughter’s birth and the fear of criminal charges if they proceed with plans for another child using the same surrogate.

“They cannot stop our family. How dare they judge us,” Scarpa said defiantly. The couple plans to fly into France and cross the border into Italy by road to avoid airport scrutiny. But they know they could still be reported by neighbours or even their child’s doctor.

As Italian legal experts warn, the law is vague on crucial points, leaving families living in fear of being turned in. While first offenders are unlikely to face jail time, the risk of being reported and prosecuted is ever-present.

For now, families like Scarpa and Capuano are left in a precarious position, uncertain of their future in a country they call home but where the laws seem increasingly stacked against them. As the conservative agenda in Italy tightens, the space for LGBT families to exist freely continues to shrink.

  Catholic Church, HUMAN RIGHTS, Italy, LGBT, Pope Francis, surrogacy