According to Italy Surrogacy Law news, Italy already has strict laws prohibiting all forms of surrogacy within its borders. With the new legislation, this ban is beyond its geographical limits, penalizing couples who seek surrogacy services in countries where the practice is legal such as the United States and Canada.
Couples who violate this law face harsh consequences including prison sentences of up to two years and fines that can reach €1 million.
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According to Italy Surrogacy Law news, the recent legislative action extends the existing surrogacy ban in Italy to cover those who seek the procedure abroad. The penalties include up to two years in prison and fines reaching €1 million.
The bill was presented by Carolina Varchi, a Member of Parliament from the Brothers of Italy party and backed by Prime Minister Giorgia Meloni.
Meloni, since taking office in 2022, has advocated for traditional family values and this law is seen as part of her agenda.
The law was passed after a seven-hour debate in Parliament, with the Senate approving it by 84 votes to 58. This followed the earlier approval by the lower house.
The Brothers of Italy party along with its coalition partner Lega, defended the law by arguing that surrogacy exploits women and compromises the natural bond between a mother and her child.
According to Gianni Berrino, a member of the Brothers of Italy, surrogacy treats women as “incubators,” disrupting the relationship between mother and child, which is a foundational element of civilization.
Another member of the party, Lavinia Mennuni addressed that Motherhood is absolutely unique and non-negotiable, framing the law as a safeguard against surrogacy tourism.
According to Italy Surrogacy Law news, the opposition including members of the Democratic Party and the populist Five Stars Movement (M5S), criticized the new legislation as discriminatory and unreasonable.
Anna Rossomando from the Democratic Party said that the law is out of step with rulings by the Italian Constitutional Court and the European Court of Human Rights, deeming it incompatible with international human rights standards.
Alessandra Maiorino, Vice President of M5S in the Senate described the law as a form of vulgar speculation aimed at scoring political points at the expense of vulnerable children.
The surrogacy ban from abroad is perceived by many as particularly harmful to LGBT couples, who face barriers to becoming parents in Italy.
Italian law already prevents same-sex couples from adopting or accessing in-vitro fertilization, leaving surrogacy as one of the few remaining options for gay men to have biological children.
However, the new law effectively closes this door with critics arguing that it disproportionately targets the LGBT community.
Although proponents of the law such as MP Carolina Varchi assert that the law is not specifically aimed at LGBT individuals, its impact on same-sex couples is undeniable.
Giorgia Meloni has made no secret of her socially conservative views. As the leader of the Brothers of Italy party, her government has consistently promoted policies that support traditional family structures.
Meloni describes herself as a Christian mother and has previously criticized surrogacy, describing it as a symbol of an abominable society.
She has said that the desire to have children should not be confused with the right to have children, especially when that right is purchased through surrogacy arrangements.
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According to Italy Surrogacy Law news, Italy ranks relatively low in terms of civil liberties and LGBT rights compared to other European countries regarding family rights. Italy does not recognize same-sex marriage, making it one of the few countries in the European Union along with Hungary and the Czech Republic, to uphold such restrictions.
The new surrogacy ban represents another step in what critics see as an anti-LGBT agenda, reinforcing traditional family norms while sidelining non-traditional families.
Italy’s existing law imposes penalties of three months to two years in prison and a minimum fine of €600,000 for anyone involved in the commercial exploitation of gametes, embryos or surrogacy within the country.
The new law extends these penalties to those seeking the practice abroad. An additional amendment proposed by Lega sought to increase the penalties to 10 years in prison and a fine of €2 million, but this was rejected.
Critics of the law like Filomena Gallo, secretary of the Luca Coscioni Association said that it may conflict with the principle of double criminality.
This principle requires that an act must be considered a crime both in the country where it was committed and in the prosecuting country, which is not the case with surrogacy in places like the US or Canada.
The lack of clarity in how evidence will be gathered and convictions achieved especially regarding whether retroactive enforcement is possible.
Demonstrators gathered in front of the Senate during the law’s debate, voicing their opposition to what they see as a direct attack on LGBTQ+ families.
Banners read, “Parents, not criminals,” addressing the stigma and legal risks the law imposes on non-traditional families.
Franco Grillini, a veteran LGBTQ+ rights activist criticized the law as being out of touch with Italy’s plummeting birth rates, which have been in decline for 15 consecutive years.
He argued that instead of penalizing those seeking to build families, the state should support them. Many activists also noted the contradiction of criminalizing people for engaging in practices that are legal in other countries.
Grillini called the legislation a “monstrous law” and pointed out that no other country in the world has enacted such a measure.
In addition to the surrogacy ban, Meloni’s government has enacted other policies that undermine LGBT rights.
Earlier in 2023, her administration instructed Milan’s city council to stop registering the children of same-sex parents.
Some Italian courts have also revoked birth certificates that named two mothers or two fathers, leaving dozens of children in legal limbo.
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