Italy has ignited international debate by moving to criminalize surrogacy beyond its borders. In July 2025, the country’s lower house of Parliament approved a bill that would allow authorities to prosecute Italian citizens who engage in surrogacy abroad, even in countries where the practice remains legal and regulated. If enacted, the new law would carry fines of up to €1 million and prison terms of up to two years.
This overseas surrogacy ban marks a dramatic shift in how Italy handles family planning and reproductive autonomy. The government frames the measure as a moral and ethical safeguard, aimed at preventing the exploitation of women. Yet critics argue it represents something more troubling: a deliberate attack on nontraditional families, particularly those in the LGBTQ+ community.
While the law’s language avoids any direct mention of sexual orientation, its implications are far from neutral. In a country where adoption and assisted reproduction remain off-limits to same-sex couples, surrogacy abroad had become one of the few paths to parenthood for queer Italians. Now, even that option faces extinction.
As the law advances to the Senate, human rights advocates, legal experts, and LGBTQ+ families are speaking out, warning that this legislation doesn’t just ban surrogacy; it threatens the very definition of family in modern Italy.
What the Law Actually Does
Italy outlawed domestic surrogacy in 2004. The new legislation builds on that restriction by extending it across international borders. If passed, the ban on foreign surrogacy would give courts the power to punish Italians who pursue surrogacy in countries where it’s completely legal.
Supporters of the bill, including Prime Minister Giorgia Meloni’s Brothers of Italy party, argue the measure protects women from commodification and reinforces Italy’s moral values. They claim it ensures that children are born into what they consider a “natural” family structure.
However, legal experts warn the law reaches too far. It aims to criminalize actions that are legal in other jurisdictions. Many question whether such extraterritorial enforcement will hold up in court, especially under European Union laws that protect freedom of movement and family life. Despite the government’s framing, the new surrogacy bill could create serious constitutional and diplomatic conflicts.
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LGBTQ+ Families Feel the Real Impact
Although the legislation avoids language about sexuality or gender, its practical effect targets LGBTQ+ people. For years, Italian same-sex couples and single gay men have turned to international surrogacy as one of the few options available to build a family.
Italy currently prohibits same-sex marriage and limits access to both adoption and fertility treatments:
- Civil unions are permitted, but marriage is not.
- Joint adoption remains off-limits for LGBTQ+ couples.
- Assisted reproduction is only available to heterosexual couples.
In this restrictive environment, international surrogacy had emerged as a lifeline for queer families. But now, Italy’s anti-surrogacy law threatens to sever that lifeline.
“This law doesn’t just close a legal gap, it closes the door to parenthood for people like me,” said one gay father interviewed by CBC News.
The emotional and legal consequences ripple far beyond individual households. By narrowing the path to parenthood, the law sends a broader message: only certain families deserve recognition and protection under Italian law.
Human Rights Groups Push Back
The backlash was swift. LGBTQ+ organizations, legal advocates, and international watchdogs condemned the law as discriminatory. Amnesty International described it as “a blatant attack on reproductive freedom,” while Rainbow Families, an Italian association representing same-sex parents, labeled it an assault on human dignity.
Members of the European Parliament echoed those concerns. Several warned that Italy’s surrogacy restrictions violate core EU principles and may set a dangerous precedent. “This isn’t about ethics,” one MEP told Euronews. “This is about policing who gets to have a family.”
Legal scholars agree. They believe the law risks clashing with international treaties and could be overturned in European courts. Moreover, its attempt to penalize behavior that’s legal in other nations raises complex questions about sovereignty and legal overreach.
Enforcing such a law would also prove difficult. Surrogacy arrangements often involve sealed legal agreements, privacy protections, and foreign jurisdictions. Prosecuting them would require significant legal cooperation that many countries may refuse to provide.
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Italy’s Uneven LGBTQ+ Rights Landscape
Italy lags behind much of Europe in securing equal rights for LGBTQ+ citizens. Although it legalized civil unions in 2016, it has resisted legalizing same-sex marriage. Adoption laws remain exclusionary, and protections for trans people involve lengthy and invasive procedures.
Key points about the legal landscape:
- Civil unions are legal; marriage is not.
- Joint adoption for same-sex couples is banned.
- Fertility treatment is restricted to heterosexual couples.
- Anti-discrimination protections exist but vary in enforcement.
Cultural and religious influences, especially from the Catholic Church, continue to shape public policy. Under Meloni’s leadership, the government has doubled down on promoting traditional family models. In recent months, officials have removed same-sex parents from birth certificates and pushed back against inclusive education initiatives.
The new surrogacy bill fits into this broader pattern. Though framed as a defense of women and children, it ultimately reinforces a narrow and exclusive definition of family, one that leaves many Italians behind.
What Happens Next?
The surrogacy bill in Italy still needs Senate approval before becoming law. Even if it passes, it’s likely to face legal challenges. Human rights groups are already preparing to contest it in Italian and European courts. They argue the law violates both domestic constitutional protections and international human rights agreements.
At the same time, grassroots opposition is growing. Protests, advocacy campaigns, and public petitions are mobilizing supporters of reproductive freedom and LGBTQ+ families. Activists are also pushing for broader reforms, including equal access to adoption and fertility treatments.
International pressure may also influence the outcome. Countries where surrogacy is legal, such as the United States, Canada, and Ukraine, may object to Italy prosecuting their clinics’ clients. Diplomatic strain could follow.
Ultimately, the debate over Italy’s surrogacy law highlights a much larger issue: who gets to decide what a legitimate family looks like. As the legal battle unfolds, the answer to that question may redefine family rights for years to come.
A Defining Moment for Italian Families
Italy’s overseas surrogacy ban is more than a domestic policy. It reflects a turning point in how the nation views freedom, family, and equality. Although the government insists it’s protecting women and safeguarding values, the law disproportionately affects LGBTQ+ people, limiting their ability to raise children in a country that already restricts their rights.
The international community is watching closely. If the Senate approves the bill, it could set a precedent that affects families far beyond Italy. For now, the fight continues, not just in Parliament, but in courtrooms, public squares, and the hearts of those who believe family comes in many forms.