Italy’s Historically Horrific New Surrogacy Law Is Also A Threat To U.S. Attorneys

On October 16, 2024, Italy’s Senate passed a first-of-its-kind anti-surrogacy law. The country already banned surrogacy — an arrangement where a woman carries a pregnancy for another person or couple — within its borders. But the new law takes it a step further, criminalizing the actions of Italians who pursue or assist with surrogacy arrangements even in other countries, where it is legally supported, such as the United States or Canada.

The law includes penalties for “anyone who carries out, organizes, or advertised the commercialization of gametes, embryos, or surrogacy,” with consequences of three months to two years in prison, and a minimum fine of 600,000 euros!

The law is incredibly disappointing for hopeful parents in Italy who are unable to carry a pregnancy on their own. A majority of Italians seeking surrogacy assistance are heterosexual couples unable to carry a pregnancy for medical reasons — a not-surprising fact with infertility on the rise globally. However, the new law is especially devastating for LGBTQ+ parents, who already face a ban on both domestic and international adoption in the country, and now lose their last real path to parenthood

While Italy’s president could still veto the bill, that is expected to be very unlikely, given her and her political party’s conservative platform, which is openly hostile to LGBTQ+ rights.

Despite its theoretical nature, U.S. attorneys practicing in the area of surrogacy law with Italian ancestry may want to think twice before heading over for their favorite gelato or a Venetian gondola ride. A consequence of note — but with no comparison to the devastation the Italian LGBTQ+ community is facing.

For more information see Ellen Trachman, Italy’s Historically Horrific New Surrogacy Law Is Also A Threat To U.S. Attorneys, Abovethelaw.com, October 23, 2024.