Italy on Wednesday passed the West’s most restrictive law against surrogacy, threatening would-be parents who use birth mothers abroad with prison sentences and heavy fines, in a move critics say will mainly target married couples. of the same sex.
Domestic surrogacy was already banned in Italy, as well as in some other countries, but the amended Italian law goes further, labeling surrogacy as a rare global crime that crosses borders, such as terrorism or genocide.
Although surrogacy is already banned in the country, the new law classifies it as a “universal crime” of an international nature.
Prison and fines
The law provides for a prison sentence of up to two years, as well as the possibility of a fine of up to one million euros.
This is the strictest law at European level and in all Western countries. The center-left opposition emphasizes that “it is a medieval and unconstitutional initiativewhich aims to distract citizens from the country’s real problems.”
The minister responsible for family affairs, Eugenia Rocella, argued that she is of the opinion that “with this vote in parliament, social and personal rights were not taken away”. On the contrary, they have become clearer and more substantial.”
Those responsible for organizations in favor of surrogacy emphasize that “there is a legal problem because, in this case, for an Italian citizen to be tried, a double accusation would be necessary: by the Italian justice system, but also by the foreign country. ”. to which he appealed for the so-called third-party pregnancy.”
The law, which was approved last year by the Chamber of Deputies and effectively guaranteed by Wednesday’s vote in the Senate, also criminalizes the work of Italian citizens employed as doctors, nurses and technicians in foreign fertility clinics that facilitate surrogacy. .
This and other aspects of the amended law may be difficult to implement. Even supporters of the legislation admit that heterosexual couples may face doubts when returning to Italy with a baby or registering their child’s birth certificate with local municipalities. Who’s to say this couple’s wife didn’t give birth to the baby abroad? On the other hand, a child in the arms of same-sex parents – especially two men – would obviously be a red flag.
In another conservative turn in Italian social policy, heterosexual parents can often skirt the law when returning to Italy with a child; same-sex couples, and men in particular, will be more visible and vulnerable to scrutiny.
Europe has long adopted a less welcoming attitude toward surrogacy than the United States, where the practice is largely legal. Many European Union countries, including Germany and France, ban domestic surrogacy. In some of these countries, families using international surrogacy can sometimes face obstacles in registering their newborn children as citizens. Other countries – including Turkey – have administratively banned couples from seeking cross-border surrogacy, but have failed to pass comprehensive laws.
With information from APE-MPE, Washington Post