Italy’s parliament made it illegal on Wednesday for couples to go abroad to have a baby via surrogacy — a pet project of Prime Minister’s Giorgia Meloni party that activists say is meant to target same-sex partners.
Since taking office in 2022, Meloni has pursued a highly conservative social agenda, looking to promote what she sees as “traditional family values,” making it progressively harder for LGBTQ+ couples to become legal parents.
The upper house Senate voted into law a bill proposed by Meloni’s Brothers of Italy party by 84 votes to 58. The bill was already approved by the lower house last year.
The legislation extends a surrogacy ban already in place in Italy since 2004 to those who go to countries such as the United States or Canada, where it is legal, imposing jail terms of up to two years and fines of up to one million euros ($1.49 million Cdn).
“Motherhood is absolutely unique, it absolutely cannot be surrogated, and it is the foundation of our civilization,” Brothers of Italy Senator Lavinia Mennuni said during the parliamentary debate.
“We want to uproot the phenomenon of surrogacy tourism.”
Legal in Canada
In Canada, as many as one-third of surrogate pregnancies have international intended parents, according to a 2020 study published in the Journal of Obstetrics and Gynaecology Canada.
“The internet has been demonstrated to be a major source of information for intended parents, with Canada presented as a desirable destination,” note the study authors.
As the consultancy website Surrogacy In Canada explains, Canada may be be seen as a “preferable country for surrogacy” due to its “altruistic surrogacy legislation, high standard of health care and supportive environment for intended parents and surrogates.”
Finding a surrogate willing to carry their future baby will change the lives of Stephanie Craig and Mike Murphy. The Guelph, Ont., couple hopes the connections they make through their Instagram account will help them find a surrogate. They’re also hoping their story will help reduce the stigma around surrogacy and make the journey easier for other couples going through the same thing. Reporting by Aastha Shetty/CBC.
Under Canadian regulations, surrogacy is legal, but there are rules surrounding what can and can’t be paid to surrogates. For instance, you can’t offer to pay or advertise payment for someone to be a surrogate. However, surrogates may be paid for medical and some other expenses related to the pregnancy.
Earlier this year, Meloni called surrogacy an “inhuman” practice that treated children as supermarket products, echoing a position expressed by the Catholic Church.
On Tuesday, demonstrators gathered near the Senate voicing their outrage at the bill, saying the Italian government was lashing out at LGBTQ+ people and damaging those who wanted to have children, despite Italy’s sharply declining birth rate.
A ‘monstrous law’
“If someone has a baby, they should be given a medal. Here, instead, you are sent to jail … if you don’t have children in the traditional way,” Franco Grillini, a long-time activist for LGBTQ+ rights in Italy, told Reuters at the demonstration.
Rainbow Families president Alessia Crocini said 90 per cent of Italians who choose surrogacy are heterosexual couples, but they mostly do so in secret, meaning the new ban would de facto affect only gay couples who cannot hide it.
The clampdown on surrogacy comes against the backdrop of falling birthrates, with national statistics institute ISTAT saying in March that births had dropped to a record low in 2023 — the 15th consecutive annual decline.
“This is a monstrous law. No country in the world has such a thing,” said Grillini, referring to the government’s move to prevent Italians from taking advantage of practices that are perfectly legal in some countries.