Italy - October 2024

On 16 October, the Senate passed a law extending Italy’s 2004 surrogacy ban to criminalize seeking surrogacy abroad, even in countries where it is legal. Proposed by the Brothers of Italy party, the law sets penalties of up to two years in jail and EUR 1 million in fines. While Prime Minister Meloni called the law a “rule of common sense, against the exploitation of the female body and children,” critics argue it makes surrogacy a serious universal crime, and it disproportionately targets LGBTQIA+ couples, who are already excluded from adoption, artificial insemination, and IVF. Concerns were also raised about the potential legal limbo that families and children could suffer, as well as how evidence will be collected to enforce the law and if it will apply retroactively. Italy has recently seen a surge in restrictive policies against the LGBTQIA+ community, particularly reproductive rights. 

Sources: Politico, Giurisprudenza penale, International IDEA, Global Citizenship Observatory, Verfassungsblog, The Loop