In a move that has sparked widespread controversy, Italy has passed a new law making it illegal for couples to travel abroad to have children via surrogacy. This new legislation, which extends an already existing domestic ban, has been met with fierce criticism, particularly from LGBTQ activists and advocates for family rights.
The bill, which was passed on Wednesday, prohibits Italian couples from seeking surrogacy services in countries where the practice is legal, such as the United States and Canada. Violators of the law could face severe penalties, including prison sentences of up to two years and fines as high as €1 million (about ₦835 million).
The new law was introduced by Prime Minister Giorgia Meloni’s right-wing Brothers of Italy party, which has been promoting what it describes as traditional family values. Meloni, who became Italy’s first female prime minister in 2022, has made her views on family and parenting clear, repeatedly voicing opposition to surrogacy and same-sex parenting. In a statement earlier this year, she called surrogacy an “inhuman” practice, equating it to treating children like “supermarket products.”
During the parliamentary debate on the bill, Brothers of Italy Senator Lavinia Mennuni stated that the law aims to “uproot” what she described as the growing trend of “surrogacy tourism.” She emphasized that “Motherhood is absolutely unique, it cannot be surrogated, and it is the foundation of our civilization.”
For the Meloni government, this law is seen as part of a broader effort to reinforce traditional gender roles and family structures in Italian society. In fact, Meloni’s political manifesto prominently features the slogan “God, homeland, and family,” underscoring her party’s commitment to these conservative ideals.
Despite the government’s rationale, the new law has been met with strong opposition from a range of critics, especially LGBTQ advocates. Activists argue that the law unfairly targets LGBTQ couples, making it nearly impossible for them to become parents. In Italy, same-sex adoption is already banned, and with the passage of this new law, surrogacy—often the last remaining option for many same-sex couples—is now criminalized, even if it is conducted abroad.
Surrogacy remains a highly contentious issue worldwide, with countries taking varying approaches to its legality and regulation. In Italy, surrogacy has been banned for years, with strict penalties in place for anyone engaging in the practice domestically. The new law, however, extends this ban to include Italians who travel abroad to countries where surrogacy is legal.
In Europe, several countries, including France, Germany, Spain, Bulgaria, and Taiwan, also prohibit all forms of surrogacy. In contrast, countries like the United States and Canada allow surrogacy, though regulations vary by state or province. In Russia, surrogacy is legal, but foreign nationals are no longer permitted to use Russian surrogates following a recent law signed by President Vladimir Putin.
Other countries, such as the United Kingdom and Belgium, permit surrogacy but impose strict regulations on commercial surrogacy, where payment is involved. In these countries, surrogacy is allowed only on an altruistic basis, meaning surrogate mothers can be reimbursed for reasonable expenses, but not paid for carrying the child.
Italy’s new surrogacy law comes at a time of heated debate about family structures, parenthood, and declining birth rates. National statistics from ISTAT, Italy’s statistics institute, revealed in March that the country recorded its lowest number of births in history in 2023, marking the 15th consecutive year of decline. This population crisis has spurred calls for more “family-friendly” policies to encourage Italians to have more children.
However, critics argue that the new surrogacy law does little to address Italy’s demographic challenges. Instead, they claim that it further marginalizes already vulnerable groups, such as LGBTQ couples, who often face significant obstacles in becoming parents through traditional means.
