Italy Bans Surrogacy and Overseas Surrogacy Tourism... LGBTQ+ Community Protests

Italy has passed a bill that criminalizes overseas surrogate birth tourism, imposing penalties of up to two years in prison and fines of 1 million euros (approximately 1.486 billion KRW). The Giorgia Meloni cabinet believes that this measure will protect the dignity of women. However, critics worry that it will become another crackdown targeting LGBTQ+ families.

[Image source=EPA Yonhap News]

According to The New York Times (NYT) and others, the Italian Senate approved the bill on the 16th (local time) after seven hours of debate, with 84 votes in favor and 58 against. The bill, proposed by the far-right Brothers of Italy (FdI) led by Prime Minister Meloni, criminalizes Italians traveling to countries where surrogacy is legal, such as the United States and Canada, to have surrogate births abroad, and enforces strict penalties. Italy, a Catholic country, has banned surrogacy since 2004.

Locally, the new bill is widely seen as targeting LGBTQ+ individuals. The NYT analyzed, "Surrogacy is already illegal in Italy," adding, "The Meloni cabinet has taken a hardline stance against homosexuals. It will now be virtually impossible for gay fathers to have children." While many couples opting for surrogacy in Italy are understood to be heterosexual, the reporting process inevitably makes gay couples the primary targets. The media also noted that Italy is one of the few countries in Europe that does not recognize same-sex marriage.

LGBTQ+ organizations have opposed the bill since it was discussed in the lower house last year. LGBTQ+ activists and lawmakers attending protests in front of the Senate on the day argued that the bill is "medieval." The Washington Post (WP) reported that some of them held banners reading "Parents, not criminals."

On the other hand, lawmakers who voted in favor argue that the law is not homophobic nor specifically targeting the LGBTQ community. They claim it is a measure to protect women's dignity by preventing the exploitation of women through surrogacy. Senator Elena Mumeli described surrogacy as a form of "child trafficking," stating, "You cannot buy children at a supermarket." Prime Minister Meloni has also previously criticized surrogacy as "inhumane."

[Image source=AP Yonhap News]

However, the NYT pointed out that the bill is so broad that it could face legal challenges. In theory, anyone suspected of having a child through surrogacy can be reported and punished, but if a case goes to trial, there is a possibility it could be ruled unconstitutional. Additionally, there is a potential for diplomatic tensions to arise from criminalizing surrogacy that legally occurs overseas.

Concerns have also been raised that the bill stigmatizes many children born through surrogacy who are already living in Italy. Alessandra Maiori, a member of the Five Star Movement, said, "It seems they do not realize that these people already exist." The WP added that Pope Francis has called for a total ban on surrogacy but has also made it clear that same-sex parents who have chosen surrogacy can baptize their children.

This content was produced with the assistance of AI translation services.