Italy Extends Surrogacy Ban, Criminalise loopholes to Women’s Body Commodification

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Italy has expanded its ban on surrogacy, making it illegal for couples to travel abroad to seek the practice in countries where it remains legal, such as the United States or Canada. The policy was officially announced on October 16 by Italy’s Prime Minister Giorgia Meloni.

Surrogacy is an arrangement in which a woman, the surrogate, carries and births child(ren) on behalf of another person or couple, known as the intended parent. Global commercial surrogacy industry data reveal that in 2022, the industry was worth an estimated $14 billion and is forecast to rise to $129 billion in subsequent years. The practice has been documented to have an overlooked consequence on surrogate mothers, including post-traumatic stress disorder and abandonment of the child by the intended parent.

Italy has an existing ban on surrogacy, first introduced in 2004, and provides penalties for those who violate it. However, the recent policies passed by the Senate had 84 votes in favour and 58 against extending the ban to seeking couples abroad.

Couples caught engaging in “surrogacy tourism” could face up to two years in prison and fines of up to €1 million. Meloni’s government expressed that the law protects the commercialisation of women’s bodies and dignity.

“Motherhood is irreplaceable and cannot be commodified,” Senator Lavinia Mennuni, a key advocate for the law, said “This legislation aims to eliminate surrogacy tourism, which undermines the dignity of women.”

The decision has been praised by women’s rights activists who noted that surrogacy is unethical and exploitation of women’s bodies, with a pregnancy degraded to a service and a baby treated like a product. They explained that the practice of surrogacy turns women’s bodies into dissecting products to be hired, with their human rights overlooked and a power imbalance typically existing between the intending couples and surrogate mothers.

“Surrogacy is wrong for all. Always exploitative, always cruel to the baby. Women are not baby vending machines,” Surrogacy Concern tweeted.

On the other hand, some LGBTQ+ activists argue that the new law is a form of homophobia to maintain a traditional family unit. 

“If someone has a baby, they should be celebrated.” Franco Grillini said. “Instead, in Italy, you’re punished if you don’t conform to traditional norms of parenthood.” 

In 2023, Meloni’s government ordered Milan’s city council to stop registering children born to same-sex couples. Additionally, same-sex couples are banned from adoption and in-vitro fertilization (IVF) procedures within the country.

The campaign group Surrogacy Concern, however, noted that Italy’s ban on adoption is “discriminatory and should not be the case.” 

Reacting to the controversy on the controvery of Italy’s policy, Yungskie adoption expert said that adoption should not be treated as an alternative to surrogacy because it continues to focus on adult needs rather than the care needs of children.

“Those commenting that adoption should be the alternative to surrogacy and a way to grow a family are wrong.” She said. “Adoption is a child protection measure and is equally a billion-dollar industry thriving on social injustice, human rights violations and child trafficking.”