Italy criminalizes surrogacy sought by Italian citizens abroad

Rome Newsroom, Oct 17, 2024 / 09:10 am (CNA).

The Italian Senate of the Republic on Wednesday passed a bill making it possible to prosecute surrogacy sought even outside Italy, with violators potentially facing both prison time and a fine as high as 1 million euros (more than $1 million).

Surrogacy has been illegal in Italy since 2004. The prohibition is contained within the country’s Law 40, which regulates medically assisted procreation.

With the Oct. 16 vote, Italy will amend Law 40 to extend its jurisdiction to criminalize even surrogacy “committed abroad,” now referring to it as “universal crime” in Italian law.

The current article 12, paragraph 6 of Law 40 states that “anyone who, in any form, carries out, organizes, or publicizes the commercialization” of maternal surrogacy will be punished by up to two years in prison and a fine of 600,000 euros to 1 million euros (approximately $652,000 to $1.09 million).

With the amendment, a paragraph will be added to the law stating: “If the facts referred to in the previous clause, with reference to maternal surrogacy, are committed abroad, the Italian citizen shall be punished according to Italian law.”

The bill, which passed 84 to 58 with no abstentions, was hotly debated in the Senate hall before being put to vote. The topic of surrogacy and its criminalization has been a source of political and social contention in the majority-Catholic country for a number of years. 

Surrogacy’s criminalization is strongly supported by Italy’s current, right-leaning government, led by Prime Minister Giorgia Meloni.