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Breaking news: surrogacy becomes a universal crime in Italy

It’s the most talked-about news in Italy over the past few days. On October 16, the Senate approved an amendment to Law 40/2004, making surrogacy a crime punishable even if committed abroad.

Fines of up to 1 million euros and 2 years in prison

With 84 votes in favor and 58 against, the Senate has definitively passed the new law. Surrogacy had already been banned in Italy since 2004, but there were no penalties for those who sought to undergo the procedure in more lenient countries. MP Carolina Varchi (Fratelli d’Italia) strongly advocated the new law, which received the full support of Prime Minister Giorgia Meloni.

The previous law stated:

“Anyone who, in any form, carries out, organizes, or promotes the commercialization of gametes or embryos or surrogacy is punishable by imprisonment from three months to two years and a fine ranging from 600,000 to 1 million euros.”

With the new amendment, a paragraph has been added stipulating that “if the acts concerning surrogacy are committed abroad, the Italian citizen will be punished according to Italian law.”

Screen at the Senate chamber displaying the votes after the voting

Concerns about the new reform, according to experts

Putting aside political orientations and moral issues, the new surrogacy reform raises several concerns.

One of the main arguments in favor of the law is the defense against the commodification of women and children. Proponents argue that by prohibiting surrogacy, women in economically disadvantaged situations are protected from being forced into surrogacy for financial reasons.

However, this restriction could push couples who are unable to have children to turn to clandestine foreign markets, which are often dangerous and offer minimal protection for children, especially in Eastern Europe. While there is no official data (as surrogacy has been illegal in Italy since 2004), it is estimated that around 250 couples each year resort to this practice through illegal channels

Another critical point concerns the difficulty in enforcing the law. A couple who opts for surrogacy abroad can easily remain anonymous, as there is no obligation for countries to cooperate with each other. Cooperation between Italy and the foreign country would depend on the latter’s willingness, opening another ethical and political debate.

Political opposition, mainly from the left, contests the reform (which was promoted by the right), arguing that it violates the Constitution, creates first-class and second-class children, and pushes the country back to medieval times.

The situation in Europe

Looking beyond Italy’s borders, the situation varies significantly. In Europe, France and Germany align with Italy, while countries like Hungary, Denmark, Belgium, the United Kingdom, Bulgaria, and the Netherlands socially and politically accept surrogacy.

Greece is one of the most advanced countries in this area, offering full protection for children and parents. However, Greek law stipulates that couples must be heterosexual or that the surrogate mother be a single woman, and candidates must meet specific medical criteria, such as being under 50 years old. Surrogates are also subjected to medical and psychological tests to determine their suitability.

The situation outside Europe

Outside of Europe, regulation has become even more complex. In the United States and Australia, surrogacy is legal, but the laws vary greatly depending on the region. In the US, the most permissive states include California, Illinois, Arkansas, Maryland, Washington D.C., Oregon, and New Hampshire, while in Michigan and New York, the practice is either illegal or heavily regulated.

Despite the very high costs (up to $200,000 for a twin birth), the US remains a popular destination for aspiring parents, thanks to a legal system that offers extensive guarantees and protections before and after birth.

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