Representative image showing surrogacy.
Credit: iStock Photo
Italy passed a law Wednesday that criminalizes seeking surrogacy abroad, a move the country's conservative government said would protect women's dignity, while critics said it would deprive gay or infertile couples of a way to have children.
Surrogacy is already illegal in Italy. But the government of Prime Minister Giorgia Meloni has vowed to broaden the ban to punish Italians who seek it in countries where it is legal, like in parts of the United States.
Italy's Senate approved the bill in an 84-58 vote.
The Catholic Church, along with many feminists, have opposed surrogacy, and it is outlawed in other European countries. In some, such as the United Kingdom and Greece, it is legal under certain conditions.
The law passed Wednesday in Italy is so far-reaching that it was unclear if it would withstand legal challenges. The law also targets a relatively small number of families in a country already struggling with a low birthrate. Analysts saw the legislation as a way for Meloni to assert her conservative credentials and appeal to her political base.
Supporters of Meloni's hard-right Brothers of Italy party are disproportionately opposed to surrogacy and adoption by gay couples, polls show.
Most Italian couples who use surrogacy are believed to be heterosexual, experts on the issue say. But because gay couples need a third party to have children, many feel that the law leaves them especially vulnerable to scrutiny. Also, only heterosexual couples are allowed to adopt in Italy, meaning gay Italians have few options for starting a family.
"It's like a truck hitting us in the face," said Pierre Molena, who, with his partner, has been pursuing a family through surrogacy abroad.
"We are worried about our future and that of our children," he said.
Molena criticized the legislation for not differentiating between poorer women who can be exploited by the practice of surrogacy from women in places like Canada, who volunteer to carry a baby without seeking compensation.
Conservative lawmakers argued in the Senate on Wednesday that surrogacy exploits all women. They also argued that the new law would put an end to the hypocrisy of the current legal situation in Italy, where couples can easily circumvent the surrogacy ban by pursuing it abroad. Under the new law, those who do this will be subject to prison sentences and large fines.
Sen. Elena Murelli, a member of the anti-immigrant League party, called surrogacy a form of "child trade," and added "you can't buy children at the supermarket."
Liberal lawmakers argued that surrogacy should be considered a medical solution to infertility, and that in a country where gay couples are unable to adopt, the law would prevent those couples from having children at all.
The law also stigmatizes the many children born through surrogacy who already live in the country, opponents of the new law said. "It looks like you don't realize these people already exist," said Alessandra Maiorino, a member of Italy's anti-establishment Five Star Movement.