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Italy imposes prison sentence and 1 million euro fine for surrogacy abroad under new law

Mars October 18, 2024

Italians seeking surrogacy services abroad will now face up to two years in prison or a fine of one million euros (£830,000) under an extreme new law.

This means that families who wish to have a child through foreign surrogacy services could be denied the opportunity to start their own family or face heavy sanctions.

The law, supported by Ms. Meloni’s conservative government, was adopted by 84 votes to 58 in the Senate.

Surrogacy in Italy has been banned since 2004 despite falling birth rates in the country, often forcing parents to turn abroad.

Italians will face heavy fines if they try to use a surrogate mother abroad

Although surrogacy is also prohibited in other parts of Europe, families can generally still use services in countries like the United States, where the practice is legal.

This is now impossible for all couples in Italy, regardless of their sexual orientation or if they have fertility problems.

Critics say the new law unfairly penalizes same-sex and LGBTQ+ couples, who are already barred from using in vitro fertilization (IVF) or adoption services in Italy.

“This is a worrying decision by Italy, where surrogacy is already illegal. This will have a disproportionately negative impact on same-sex couples. The right to start a family is a human right,” said one social media user.

Another said: “Family diversity should be accepted and not penalized. No government should dictate who can start a family.

Carolina Varchi introduced the bill, saying it would “protect women and their dignity.”

People stood in court as the bill was passed and held signs that read “parents, not criminals.”

“Most people who use surrogacy are heterosexual,” Ms Varchi said. However, campaigners pointed out that this still penalizes same-sex couples who are unable to hide their surrogacy.

Ms. Meloni has already made same-sex couples targets in her political agenda. She called surrogacy “a symbol of an abominable society that confuses desire with rights and replaces God with money.”

The move appears to follow the populist model that often criticizes the LGBTQ+ community, immigrants, and other marginalized groups to consolidate power and distract from other political issues.

Where is surrogacy prohibited?

Italy is not alone in imposing restrictions on surrogacy, but bans vary by country.

Some countries place restrictions on for-profit surrogacy, where the surrogate mother carries the baby to term and receives financial compensation for doing so.

For example, in the UK you cannot pay a surrogate mother to carry a baby beyond reasonable expenses.

But there is also altruistic surrogacy, where the surrogate mother does not receive money to carry the child.

Spain, Germany, France, Portugal and Bulgaria are among the countries that ban all types of surrogacy – for-profit and altruistic.

Legal rights between surrogate mothers and hopeful parents also vary greatly depending on each country.

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Solondais

Italy imposes prison sentence and 1 million euro fine for surrogacy abroad under new law

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Italy imposes prison sentence and 1 million euro fine for surrogacy abroad under new law

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