The Italian government has recently passed a new law that criminalizes gestational surrogacy overseas for Italian couples. Globally, it should be noted that Italy has a long-standing traditional viewpoint towards conception and childbirth, showing a marked preference for natural conception within a marital framework. The latest decision reiterates this stance, putting a further restriction on the already limited options for surrogacy in the country.
The Italian law on surrogacy is one of the strictest in Europe, where it is absolutely forbidden within the country’s borders, regardless of whether it is commercial or altruistic. The authorities consider it as a form of exploitation of a woman’s body and her reproductive function. Despite the existing restrictions, some Italian couples have avoided the ban by seeking surrogacy overseas, primarily in countries where the practice is legal and regulated.
However, with the introduction of this new law, this loophole has been closed. Italian couples are now legally prohibited from seeking a surrogate mother abroad. The government has not only made it illegal for Italian heterosexual or homosexual couples to have a child through this method, but the law also includes heavy fines and potential prison sentences for those who break this law. It may be seen as an attempt by the authorities to prevent what they view as the trafficking of infants, ensuring that the rights of surrogate mothers are respected.
This recent ruling has sparked much controversy and debate amongst international human rights groups and within Italy itself. Critics argue that the law infringes on individual liberty and the right to start a family, particularly for those who struggle with fertility issues or are part of the LGBTQ+ community. They stress that it is crucial to strike a balance between ethical concerns involved in surrogacy and the inherent human right to parentage, which may necessitate regulatory reform rather than a blanket ban.
Proponents of the law, on the other hand, believe it ensures the protection of women’s rights and prevents possible exploitation. This group also includes those that argue that surrogacy as a whole commoditizes and objectifies a woman’s body and may potentially lead to physical and psychological harm to the surrogate.
As a response to critics, the authorities have clarified that the law does not aim to punish those seeking surrogacy for their inability to conceive but to abolish what is perceived to be an ethically troubling practice. They advise that there are other methods available such as adoption, fostering and assisted reproduction techniques like in-vitro fertilization (IVF).
The Italian decision, while controversial,
