A controversial law making surrogate motherhood a “universal crime” will come into effect in Italy on Monday, 18th November, following its publication in the Official Gazette.
The measure, proposed by Premier Giorgia Meloni’s Brothers of Italy (FdI) party, was signed into law by President Sergio Mattarella on November 4, before his visit to China. The Senate gave its final approval to the bill on October 16.
Under the new law, Italian citizens who engage in surrogacy abroad, in countries where it is legal, can now be prosecuted in Italy. This extends existing legislation from 2004, which made surrogacy illegal within Italy.
Opposition to the Law
Opposition lawmakers, who unanimously voted against the measure, have criticised it as “useless,” “unconstitutional,” and discriminatory towards same-sex couples. Critics argue it undermines children born through surrogacy and challenges constitutional rights.
Meloni, however, has staunchly defended the legislation, describing surrogacy as “inhuman” and a practice that exploits vulnerable women. “This is a brutal trade that strips babies away from their mothers,” she said.
The new law is set to face a wave of legal challenges from over 50 Italian couples. The Associazione Luca Coscioni, a civil rights and right-to-die advocacy group, announced plans to support appeals against the legislation, which becomes effective on November 18.
“We are ready to defend all couples damaged by this unjust and unreasonable law,” said Marco Cappato and Filomena Gallo, leaders of the association. “We will take our and their battle to the courts and to every appropriate venue, with the aim of re-establishing an opportunity offered by science, which a blind and brutal legislation seeks to condemn as a universal crime.”
The couples involved in the legal challenges represent a wide range of situations, from those beginning the surrogacy process to those who have already collected gametes in foreign centres. They fear the law jeopardises their family plans and creates legal uncertainty around surrogacy-related agreements.
The Luca Coscioni leaders also pointed out that surrogacy is already regulated in 66 countries and criticised the broader legislative trend of the Italian government, led by Giorgia Meloni’s Brothers of Italy (FdI) party. They cited President Sergio Mattarella’s signing of the bill as “not surprising,” given his approval of controversial laws like the one banning lab-grown meat, later overturned by the EU.
The Global Context
The law targets Italian citizens who turn to surrogacy in countries where it is legally permitted, such as Spain, Canada, and the United States. Commercial surrogacy is also legal in Georgia and Greece, while altruistic surrogacy is allowed in nations including the UK, Australia, Mexico, and Colombia.
Surrogacy has become a divisive issue under Meloni’s right-wing government, with the Prime Minister positioning the legislation as part of her broader agenda on family and social policies.
While supporters see the law as a moral stance, critics fear it will further marginalise LGBTQ+ families and those seeking alternative paths to parenthood.
The law’s practical implications and its impact on Italy’s relationship with international legal frameworks remain to be seen.
