Italy recently passed a law that prohibits couples from having a baby abroad through surrogacy. Activists claims that the law is paased by the Meloni government in order to target the same-sex couples.
The country already has a law that prohibits its citizens from having surrogacy within the border, but now it has passed a law that will penalise its citizens for seeking that practice in foreign countries where it is allowed, like the US or Canada. If someone breaks this law, they could go to prison for up to two years and pay a fine of up to €1 million (9.11crore).
The measure is a key move by Prime Minister Meloni to promote conservative values in Italy, making surrogacy a key topic in the ongoing culture wars in the West.
The law passed by the lower house last year and got a green flag from the senate on Wednesday making it illegal for Italian doctors, nurses, and technicians to work in foreign fertility clinics that offer surrogacy services.
During the parliamentary debate, Brother of Italy senator Lavinia Mennuni stated, “Motherhood is unique and cannot be substituted; it is the foundation of our civilization. We want to eliminate surrogacy tourism.”
Earlier this year Meloni called surrogacy an inhuman practice that treats children like supermarket products, citing the teachings of the catholic church.
In opposition to the bill, demonstrators gathered outside the Senate to express their anger, stating that the government is targeting the LGBTQ community. They said that it is taking away the rights of people who want to have children, despite Italy's declining birth rate.
During the demonstration, an LGBTQ activist said, “ If someone has a baby, they should be given a medal. Here instead you are sent to jail … if you don’t have children traditionally.”
90 percent of the people who opted for surrogacy in Italy were heterosexual couples, but they often do so secretly. This means the new ban would primarily impact gay couples, who cannot keep their situation hidden, said Alessia Crocini, president of Rainbow Families.
Surrogacy laws in other countries
Italy, Spain, France and Germany are among the European countries which completely prohibit surrogacy while in the UK, you can only pay a surrogate for their reasonable expenses. The surrogate is on the birth certificate until parenthood is officially transferred through a parental order.
Other European countries including Ireland, Netherlands, Belgium, and the Czech Republic, have different laws where courts can't enforce surrogacy agreements. Meanwhile, Greece allows surrogacy for heterosexual couples only and in contrast, the US and Canada permit surrogacy for same-sex couples, recognizing them as legal parents from birth.
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