Italy Enacts Law Making Surrogacy a Universal Crime Comparable to Terrorism and Genocide

On October 16, 2024, the Italian Senate ratified a bill that had previously been passed by the lower house of Parliament, categorizing surrogacy as “a universal crime” under Italian legislation, regardless of where Italian nationals are when the act takes place.

This legislation, championed by members of the ruling Fratelli d’Italia party, builds upon an earlier law from 2004 that prohibits surrogacy—often referred to as “gestation for others” or “renting a uterus” in Italy—nationwide.

A protestor holding a sign stating — Ironically, Italy ranks surrogacy as a crime rivaling genocide, despite not acknowledging the genocide occurring in Palestine (Justin Sullivan/Getty Images)

The new regulations impose restrictions on Italian citizens across the globe, impacting both prospective parents seeking surrogacy and the medical professionals who assist them—resulting in significant fines and potential imprisonment. However, the practical enforcement of many aspects of this legislation remains unclear, as noted by several legal experts and even some politicians who supported the bill. This ambiguity poses notable challenges for Italian legal practitioners and judges if cases arise in court.

According to statistics from The Washington Post, most Italians who travel internationally to conceive are heterosexual couples facing infertility challenges. However, this legislation is likely to disproportionately impact same-sex couples—especially gay couples—who may find it particularly difficult to explain their return to Italy with a newborn, compared to other couples. Notably, same-sex couples are already prohibited from adoption and cannot marry in Italy, as their only recognized union is a “civil union,” which further limits their opportunities for parenthood in what appears to be a targeted effort against them.

This development positions Italy among the Western nations with the most stringent surrogacy laws, particularly within Europe, where surrogacy regulations are generally more restrictive than in the United States. It clearly reflects the views of Prime Minister Giorgia Meloni and her party regarding “traditional family values” and reproductive matters, which were already overtly established. Meloni described the law as “a measure against the commercialization of women’s bodies and children” in a post on her X (formerly Twitter) account.

With today’s final approval in the Senate, the bill that makes surrogate motherhood a universal crime is finally law. A common sense rule against the commodification of the female body and children. Human life has no price and is not a commodity.

— Giorgia Meloni (@GiorgiaMeloni) October 16, 2024

This legislation aligns with a broader trend to impose control over the cultural discourse surrounding reproductive rights, a phenomenon observable not just in Italy, but globally, as many countries shift towards more conservative policies. Although abortion remains legally accessible in Italy, thanks to a law enacted in 1978, navigating this process can often prove arduous and emotionally taxing due to the influence of numerous pro-life organizations, affecting even hospital settings.

This new legislative measure signals a similar intent. It suggests that while the State has no jurisdiction over an individual’s organs after death—where organ donation requires consent from either the donor or their family—it exercises authority over a woman’s uterus. Essentially, this raises significant concerns, irrespective of personal beliefs and stances on surrogacy itself.

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