The Italian Senate has passed a law banning people from seeking surrogacy abroad. On Wednesday, Italian lawmakers granted final approval to the law, which means international surrogacy becomes a “universal crime” in the country, carrying penalties of up to two years in jail and up to €1 million in fines.
It means that the country’s surrogacy ban will extend to those who travel to countries such as Canada or the United States, where surrogacy is legal.
Italian news outlet Chioggia Notizie reports that it will now be illegal for couples to go abroad and have a baby via surrogacy after the law secured final approval from the Senate. It is an extension of Italy’s ban on surrogacy; The act of surrogacy, with or without payment, has been illegal in Italy for the last 20 years.
84 politicians voted in favour, whilst 58 voted against, with no abstentions. It follows the passing of the “divisive” Bill in the lower house last year. The newspaper reports that the Bill was presented by the right-wing Fratelli d’Italia party, of which Italian Prime Minister Giorgia Meloni belongs.
Ms Meloni, who has championed traditional family values over the course of the last two years in office, welcomed the passing of the Bill on Thursday. Taking to social media, she wrote that the new law was a “common sense rule against the commodification of the female body and children,” adding: “Human life has no price and is not a commodity.”
Con l’approvazione definitiva di oggi al Senato, il ddl che rende l'utero in affitto reato universale è finalmente legge. Una norma di buonsenso contro la mercificazione del corpo femminile e dei bambini. La vita umana non ha prezzo e non è merce di scambio.
— Giorgia Meloni (@GiorgiaMeloni) October 16, 2024
Meloni has long been a vocal opponent of surrogacy, previously describing the practice as “inhuman.”
According to Italian media reports, the new law modifies Article 12 of Law 40 of 2004, which already prohibited surrogate motherhood in Italy. Now, the ban also extends to Italian citizens who resort to this practice abroad, in countries where it is legal.
“The penalty ranges from three months to two years of imprisonment, with a fine that can vary from 600,000 to one million euros. This measure has sparked contrasting reactions among political forces and civil society,” Chioggia Notizie reported on Thursday.
The news outlet reports that the Senate session was “tense,” and that “heated interventions” were heard from both sides of the debate. The opposition harshly criticised the law, claiming it was an attack on homosexual couples, and an examople of “legislative fury.”
However, the majority defended the measure as a necessary step to protect the dignity of people. Pierantonio Zanettin of Forza Italia said during the debate that surrogacy is not a true “universal crime,” however the law has been introduced as a measure that punishes Italian citizens who violate the law abroad.
The parliamentary debate also highlighted divisions among centre-left politicians. Beatrice Lorenzin, who voted with her party in opposition to banning international surrogacy, raised the issue of women’s freedom and dignity, whilst others said a lack of real discussion about the practise was a “missed opportunity.
However, others have raised questions about the constitutionality of the law, including lawyer Francesca Re of the Luca Coscioni Association. Re told Italian media that the rule violates the principle of legality enshrined in Article 25 of the Italian Constitution. According to Re, someone seeking surrogacy can only be punished if surrogacy is unequivocally recognised as a crime – which is not the case in many countries.
The news from Rome follows calls for a global ban on surrogacy by Pope Francis. Earlier this year, the pontiff decried the practice as “deplorable,” saying that the life of the unborn child must be protected and not “suppressed or turned into an object of trafficking”.
The Pope said: “I consider despicable the practice of so-called surrogate motherhood, which represents a grave violation of the dignity of the woman and the child, based on the exploitation of situations of the mother’s material needs.”
Spain is another European nation which prohibits surrogacy, however Ireland is among a number of countries which have taken steps to liberalise laws on the practise.
Both altruistic and commercial surrogacy arrangements are unregulated in Ireland. In June, landmark surrogacy legislation completed its passage through the Seanad.
The Health (Assisted Human Reproduction) Bill 2022, which establishes a regulatory framework for the establishment of a regulatory agency to oversee AHR in the state was passed without a vote in the Dáil in May.
Health minister Stephen Donnelly said that “no other jurisdiction has legislated for a similar type of bespoke process to that which we propose to be set up here”. The Bill sparked international controversy because it provides for a “surrogate mother” to be paid “reasonable expenses”.