(ZENIT News / Rome, 10.22.2024).- In a bold move that has stirred debate across Italy, the Senate passed a controversial law on October 16, making it illegal for Italian citizens to seek surrogacy services abroad. The legislation, spearheaded by Prime Minister Giorgia Meloni’s government, introduces harsh penalties, including up to two years in prison and fines of up to €1 million ($1.09 million), for those who attempt to have children through surrogate mothers outside the country.
This law extends Italy’s existing ban on surrogacy, which has already prohibited the practice domestically, to international ventures—a phenomenon often referred to as “fertility tourism.” With a vote of 84 in favor and 58 against, the measure has ignited fierce reactions, especially among LGBTQ+ advocates, as surrogacy is one of the few options for same-sex couples seeking to have biological children.
Aiming to Protect Traditional Family Values
Meloni, known for her strong stance on conservative family values, has long been an outspoken opponent of surrogacy. During her campaign in 2022, she positioned herself as a defender of the “natural family,” frequently using anti-LGBT rhetoric to underline her belief that children should only be raised by a mother and a father. For her government, this new law is not just about limiting access to surrogacy—it represents a broader defense of traditional family structures against what Meloni sees as modern societal threats.
“Motherhood is irreplaceable. It is the foundation of our civilization,” said Senator Lavinia Mennuni, a member of Meloni’s Brothers of Italy party, during the Senate debate. “We must put an end to surrogacy tourism, which commodifies the gift of life.”
Meloni has described surrogacy as emblematic of what she considers an immoral societal shift—one where individual desires are mistaken for rights, and where life itself becomes subject to market forces. In her words, the practice symbolizes a “monstrous society that confuses desires with rights and replaces God with money.”
Impact on LGBTQ+ Rights and Fertility Equality
Unsurprisingly, the law has provoked outrage among LGBTQ+ activists, who see it as a direct attack on their rights. As same-sex marriage becomes more accepted worldwide, the concept of “fertility equality”—the right to have children regardless of biological limitations—has gained traction among activists. However, under Meloni’s leadership, Italy has taken steps that critics argue are regressive in this area. Earlier this year, the government ordered Milan’s city council to stop registering children born to same-sex couples, further narrowing the legal rights of LGBTQ+ families.
International observers have noted the stark contrast between Italy and other European countries. In neighboring Spain, for example, same-sex couples enjoy broad reproductive rights, including access to assisted reproduction techniques. Italy, by contrast, is aligning itself with countries like Hungary and Poland, where conservative governments have similarly sought to curtail LGBTQ+ rights under the banner of protecting traditional family values.
A Broader Moral and Religious Debate
While Italy’s new law is making headlines for its impact on LGBTQ+ families, the opposition to surrogacy in the country extends beyond the political realm. Pope Francis, without endorsing any specific legislation, has repeatedly condemned surrogacy as a violation of human dignity. In a speech earlier this year, he called the practice “deplorable,” emphasizing that it exploits women, particularly those in vulnerable economic situations, and reduces children to commodities in a market-driven transaction.
“A child is always a gift, never a commercial product,” the Pope said, urging the international community to work toward a global ban on surrogacy.
The ethical arguments against surrogacy are manifold. The Catholic Church, along with other moral voices, contends that the practice fractures the natural process of parenthood, creating complex and often distressing familial dynamics. The child, conceived via in vitro fertilization, might be born from the egg of one woman, carried by another, and then raised by a third—introducing what critics call “parental fragmentation.”
The Global Context and the Future of Surrogacy
Italy’s decision to criminalize international surrogacy aligns with broader efforts across Europe to curb the practice. Last year, the European Parliament listed surrogacy as a form of human trafficking in its discussions on combating the exploitation of women. Many nations, while not going as far as Italy, are grappling with the ethical and legal ramifications of surrogacy in a world where advances in reproductive technology are moving faster than the legislation that governs them.
In countries like the United States, where surrogacy remains legal and increasingly commercialized, the debate is framed differently. Supporters of the practice argue that it allows families to form in ways that would otherwise be impossible, while critics warn that it commodifies both women and children. For Italians, however, the law is now clear: pursuing surrogacy, even abroad, will result in severe legal consequences.
As this law takes effect, its repercussions will likely ripple across Europe, possibly influencing other nations grappling with similar moral questions. Italy’s sharp turn against surrogacy reflects a wider cultural struggle over what defines a family in the modern era, and it is a struggle that shows no sign of abating. The question remains: will this law protect the dignity of women and children as its proponents claim, or will it, as critics suggest, deepen inequalities for those who long to build families of their own?
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