Italy criminalizes surrogacy abroad with new law, sparking controversy

Italy passed a law on Wednesday that criminalizes couples seeking surrogacy abroad after a seven-hour debate in parliament.

The bill was originally presented by Carolina Varchi, a member of parliament from the far-right Brothers of Italy party, and supported by party leader and Prime Minister Giorgia Meloni.

The measure promoted by the Brothers of Italy and their far-right coalition partner Lega – which argued it protects women’s dignity – extends a ban on surrogacy that has been in place since 2004.

Italians seeking surrogacy in countries such as the United States or Canada where the practice is legal face a prison sentence of up to two years and a fine of up to 1 million euros.

What are the penalties and what was the debate?

The current law states that “anyone who carries out, organizes or promotes the commercialization of gametes, embryos or surrogacy” faces a prison sentence of three months to two years and a fine of at least 600,000 euros.

The amendment expands the scope of the law to penalize Italians who apply for surrogacy abroad.

The Lega MP had proposed an additional change to increase the penalties to ten years in prison and a fine of two million euros. However, the executive and other political groups rejected the proposal.

The conservative ruling coalition sees the issue as an opportunity to protect both surrogate mothers abroad, who they say are being exploited, and the relationship between birth parents and their children.

“In surrogacy, the woman does not provide an organ, but rather gives birth to a child. The woman is thus reduced to an incubator, disrupting the relationship between mother and child,” said Gianni Berrino, MP for the Brothers of Italy, during the Bill’s discussion event.

“Motherhood is absolutely unique, absolutely cannot be replaced and is the foundation of our civilization,” said Lavinia Mennuni, another senator from the Brothers of Italy. “We want to put an end to the phenomenon of surrogacy tourism.”

While some questioned whether this exposed Italian citizens to double jeopardy, supporters of the law said it was only aimed at those who violate pre-existing national laws.

“Contrary to what has been said, Elon Musk or Elton John would not be prosecuted if they happened to find themselves in our country,” said Forza Italia Senator Pierantonio Zanettin.

Opposition parties criticized the law. Anna Rossomando of the center-left Democratic Party called it “unreasonable and completely contradictory to the rulings of the Constitutional Court and the European Court of Human Rights.”

Alessandra Maiorino, vice president of the populist Five Star Party (M5S) in the Senate, called the law “a vulgar speculation designed to gain a pure propaganda point from little girls and boys.”

The disadvantages of the new law

The implementation of the law raises many unclear issues, such as how the evidence necessary for conviction and sentencing could be collected.

There is also the question of whether the procedure could be opened retroactively, which is contrary to Italian law, which prohibits this if it is unfavorable to citizens.

Filomena Gallo, secretary of the Luca Coscioni Association, a group that promotes freedom of scientific research, said the new legislation was “an unfair and discriminatory law that is legally inapplicable because it ignores the principle of double criminality, which represents the basis of criminal law.”

Another major stumbling block resulting from the law’s ambiguity is how the state will regulate birth certificates issued abroad.

The Italian government is known for long delays in processing births of its citizens abroad, and this could worsen the misery of new parents living outside the country.

Additionally, activists said the bill would disproportionately affect same-sex parents in a country that also bans same-sex marriage.

Several lawmakers and LGBTQ+ activists protested the bill outside the Senate, some holding banners that read: “Parents, not criminals.”