Italy Enacts Strict Anti-Surrogacy Law, Impacting Same-Sex Couples’ Path To Parenthood.
Italy has introduced a stringent law that criminalises citizens seeking surrogacy abroad, effectively barring gay and lesbian couples from becoming parents through this route. Passed on 16 October 2024, the legislation, championed by Prime Minister Giorgia Meloni’s far-right government, extends Italy’s 2004 domestic surrogacy ban, imposing penalties of up to two years in prison and fines of €1 million (£855,000) for those who pursue surrogacy in countries where it is legal, such as the United States or Canada.
The law, described by critics as the West’s most restrictive anti-surrogacy measure, applies to all Italians but disproportionately affects same-sex couples, who are already excluded from adoption and in vitro fertilisation (IVF) in Italy. With same-sex marriage unrecognised and civil unions offering limited rights since 2016, surrogacy abroad has been a primary avenue for gay couples, particularly male couples, to build families. The new law closes this pathway, leaving many in legal and emotional distress. “This is a monstrous law, targeting our families,” said Franco Grillini, an LGBTQ+ activist, during a protest outside the Senate.
Meloni’s Brothers of Italy party has defended the measure, arguing it protects women from exploitation and upholds traditional family values. Senator Susanna Campione stated, “Surrogacy reduces women to reproductive machines. This law safeguards children and women.” However, opponents, including opposition lawmaker Riccardo Magi, argue it relegates parenthood to a “dark area” of legal uncertainty, risking exploitation rather than preventing it. The European Parliament has condemned the law as discriminatory, noting its severe impact on same-sex families.
The legislation follows earlier moves by Meloni’s government to limit parental rights, including a 2023 directive ordering cities like Milan to stop registering both parents in same-sex couples on birth certificates. In Padua, prosecutors sought to remove non-biological mothers from 33 children’s birth certificates, a case still pending. These actions have left approximately 1,500 children of same-sex parents in legal limbo, according to Rainbow Families. Alessia Crocini, president of the group, said, “This government’s agenda is clear: our families are not seen as legitimate.”
Despite a May 2025 Constitutional Court ruling allowing lesbian couples using IVF abroad to register both mothers on birth certificates, the surrogacy ban remains a significant barrier, particularly for gay male couples. The Vatican, while permitting baptism for children of same-sex parents, supports the ban, with Pope Francis calling surrogacy “womb renting.” Public opinion is divided, with a 2024 Ipsos poll showing 45% of Italians support legal recognition for children of same-sex parents, against 26% opposed.
LGBTQ+ advocates, including Arcigay’s Gabriele Piazzoni, have vowed to challenge the law, arguing it violates children’s rights under international conventions. Families like that of Cristiano Giraldi, a father of twins born via surrogacy in the US, fear prosecution and loss of parental rights. “We just want to raise our children in peace,” Giraldi said. As Italy grapples with a record-low birth rate, the law has sparked fierce debate, with critics urging Parliament to reform family laws to reflect modern realities and ensure equality for all.
