The Italian Senate approved a bill on Wednesday making surrogacy a universal crime, even if carried out abroad by Italian citizens. The bill passed with 84 votes in favour, 58 against, and no abstentions. The Senate had already greenlighted the bill in July.
Opposition lawmakers criticised the measure, calling it “useless,” “unconstitutional,” and “against children and same-sex couples.” Surrogacy has been illegal in Italy since 2004, but this new law extends the ban to cover Italian citizens who seek surrogacy abroad, making it a “universal crime.” It targets those who use surrogacy in countries where the practice is legal, such as the US.
Premier Giorgia Meloni’s Brothers of Italy (FdI) party introduced the legislation. The law allows Italy to prosecute citizens who resort to surrogate mothers abroad. Those found guilty could face up to two years in prison and fines of up to €1 million.
Critics argue the law primarily targets LGBT couples, who are already banned from adopting or using IVF in Italy. LGBT activist Franco Grillini protested ahead of the vote, saying: “If someone has a baby they should be given a medal. Here instead you are sent to jail… if you don’t have children in the traditional way. This is a monstrous law. No country in the world has such a thing.”
Socially conservative agenda
This move is part of Giorgia Meloni’s socially conservative agenda. As Italy’s first female prime minister, Meloni has expressed strong views on family structures. She believes children should be raised by a man and a woman. She has also spoken out against surrogacy for LGBT couples. In a 2022 speech, she declared: “yes to the natural family, no to the LGBT lobby.
Meloni’s government also ordered Milan’s city council to stop registering the children of same-sex parents in 2023. She has described surrogacy as “a symbol of an abominable society that confuses desire with rights and replaces God with money.”
Her deputy, Matteo Salvini, echoed these views, calling surrogacy an “aberration” and claiming it treats women like an “ATM.” The MP who drafted the bill, Carolina Varchi, denied that it was designed to harm LGBT people. She said: “Most people who use surrogacy are heterosexual.” Varchi also said the law would protect women and their dignity.
Experts estimate 90% of the couples who use surrogacy in Italy are heterosexual. Many of them hide the fact they have gone abroad to have a child. However, it is often not possible for same-sex families to hide it in the same way.
