Rome wants to ban Italians from having children abroad via surrogacy

Italy’s right-wing governing coalition is moving to ban Italians from having children abroad via surrogacy, drawing fire from LGBT+ activists who say they are already being treated like outlaws for having children is treated.

Surrogacy – and its promotion – has been illegal in Italy since 2004 and is punishable by up to two years in prison and a €600,000 fine, prompting Italians to seek surrogate mothers in other countries.

Angered by what he calls “fertility tourism”, the ruling hardline brother of Italy’s party is now pushing to make it a crime for Italians to have children through surrogacy, even in countries where it is practiced. The arrangement is legal.

“Surrogacy is an abusive practice that affects women who often face economic difficulties,” said Carolina Varchi, the Italian lawmaker who led the motion in parliament. “It aims, by contract, to destroy the idea of ​​motherhood—an idea which resides in the laws of nature.”

Varchi argued that Italians increasingly go abroad to avoid “criminal liability”. “Our goal is to combat this practice,” she said. “If someone decides to violate this law, they know they will be punished when they come to Italy.”

The draft ban – which would increase fines to €1 million – is backed by Prime Minister Giorgia Meloni, who has appointed a dedicated minister to try to reverse the country’s continuing decline in new births.

“Motherhood is not for sale,” Meloni said in May at a conference on Italy’s demographic crisis. “Wombs cannot be rented.”

Surrogacy is not the only form of assisted reproduction that Italians have adopted abroad. In vitro fertilization is legally available only to heterosexual married couples, same-sex couples and single women forced to seek fertility treatment elsewhere.

LGBT+ activists have taken up arms in the campaign to further ban surrogacy.

“What are they going to do? Take the children away from their families, or put the parents in jail . . . just because they don’t agree with their choices,” said Christian De Florio, 47, a surrogate in the US. asked five-year-old twin boys born to and their long-term partner.

Activists argue that such restrictions would eventually be ruled unconstitutional, but warned that any legal challenge would take years. This is only increasing the level of anxiety, especially for future parents who are already going through surrogate pregnancies.

Alessia Crocini, president of gay parenting organization Rainbow Families, said: “People who are expecting children – who are pregnant – don’t know what is going to happen when they arrive in Italy.” “A lot of people are very worried and very scared.”

Italy has no data on how many children are born to its citizens through surrogate mothers each year, although Varchi estimates it to be only a few hundred. Married couples typically seek surrogates in nearby Greece, Georgia, Moldova and – before its invasion, Ukraine. Prospective LGBT+ parents usually go to the US or Canada, the only countries where surrogacy is legal for same-sex, non-resident couples.

Although Varchi said the ban would not be retroactive or hurt the children, the draft law is unclear on the fate of new babies born through surrogacy, or how Italians coming into the country with such babies would be prosecuted. “Our goal is to act as a deterrent,” Varchi said. “We want surrogacy to be seen for what it is: a very bad thing.”

Crocini called the draft law a political tool to divert public attention from more serious issues, such as the government’s difficulties absorbing EU funds and other economic woes. “It’s propaganda against gay rights, against civil rights,” she said. “It’s very simple: you forbid something that is already banned in Italy.”

Yet passage of the ban would inevitably stigmatize children born through surrogacy and now growing up in Italy. “You are telling children – Italian children – that they are born with a criminal offense like rape or a moral offense like incest,” she said.

De Florio and his partner, Carlo Tomino, 37, are also concerned for the impact on their sons. De Florio said, “We don’t want to raise our children in a society that sees their parents as thugs and bandits.” Tomino said that “the language some people are using is implying that our family is a felony, a crime. But our family is a family like all families.

Additional reporting by Giuliana Ricozzi in Rome

Italy’s right-wing governing coalition is moving to ban Italians from having children abroad via surrogacy, drawing fire from LGBT+ activists who say they are already being treated like outlaws for having children is treated.

Surrogacy – and its promotion – has been illegal in Italy since 2004 and is punishable by up to two years in prison and a €600,000 fine, prompting Italians to seek surrogate mothers in other countries.

Angered by what he calls “fertility tourism”, the ruling hardline brother of Italy’s party is now pushing to make it a crime for Italians to have children through surrogacy, even in countries where it is practiced. The arrangement is legal.

“Surrogacy is an abusive practice that affects women who often face economic difficulties,” said Carolina Varchi, the Italian lawmaker who led the motion in parliament. “It aims, by contract, to destroy the idea of ​​motherhood—an idea which resides in the laws of nature.”

Varchi argued that Italians increasingly go abroad to avoid “criminal liability”. “Our goal is to combat this practice,” she said. “If someone decides to violate this law, they know they will be punished when they come to Italy.”

The draft ban – which would increase fines to €1 million – is backed by Prime Minister Giorgia Meloni, who has appointed a dedicated minister to try to reverse the country’s continuing decline in new births.

“Motherhood is not for sale,” Meloni said in May at a conference on Italy’s demographic crisis. “Wombs cannot be rented.”

Surrogacy is not the only form of assisted reproduction that Italians have adopted abroad. In vitro fertilization is legally available only to heterosexual married couples, same-sex couples and single women forced to seek fertility treatment elsewhere.

LGBT+ activists have taken up arms in the campaign to further ban surrogacy.

“What are they going to do? Take the children away from their families, or put the parents in jail . . . just because they don’t agree with their choices,” said Christian De Florio, 47, a surrogate in the US. asked five-year-old twin boys born to and their long-term partner.

Activists argue that such restrictions would eventually be ruled unconstitutional, but warned that any legal challenge would take years. This is only increasing the level of anxiety, especially for future parents who are already going through surrogate pregnancies.

Alessia Crocini, president of gay parenting organization Rainbow Families, said: “People who are expecting children – who are pregnant – don’t know what is going to happen when they arrive in Italy.” “A lot of people are very worried and very scared.”

Italy has no data on how many children are born to its citizens through surrogate mothers each year, although Varchi estimates it to be only a few hundred. Married couples typically seek surrogates in nearby Greece, Georgia, Moldova and – before its invasion, Ukraine. Prospective LGBT+ parents usually go to the US or Canada, the only countries where surrogacy is legal for same-sex, non-resident couples.

Although Varchi said the ban would not be retroactive or hurt the children, the draft law is unclear on the fate of new babies born through surrogacy, or how Italians coming into the country with such babies would be prosecuted. “Our goal is to act as a deterrent,” Varchi said. “We want surrogacy to be seen for what it is: a very bad thing.”

Crocini called the draft law a political tool to divert public attention from more serious issues, such as the government’s difficulties absorbing EU funds and other economic woes. “It’s propaganda against gay rights, against civil rights,” she said. “It’s very simple: you forbid something that is already banned in Italy.”

Yet passage of the ban would inevitably stigmatize children born through surrogacy and now growing up in Italy. “You are telling children – Italian children – that they are born with a criminal offense like rape or a moral offense like incest,” she said.

De Florio and his partner, Carlo Tomino, 37, are also concerned for the impact on their sons. De Florio said, “We don’t want to raise our children in a society that sees their parents as thugs and bandits.” Tomino said that “the language some people are using is implying that our family is a felony, a crime. But our family is a family like all families.

Additional reporting by Giuliana Ricozzi in Rome