Italy's Surrogacy Ban Targets LGBTQ Couples Amid Falling Birthrates
Italy's parliament has passed a controversial law making it illegal for couples to travel abroad for surrogacy, a move that critics argue specifically targets same-sex partners. This legislation reflects the conservative social agenda of Prime Minister Giorgia Meloni and her far-right Brothers of Italy party, which has been diligently working to undermine the legal rights of the LGBTQ community since taking office in 2022.
On Wednesday, the Italian Senate voted 84 to 58 in favor of the bill, which extends an existing surrogacy ban from 2004 to include individuals who seek surrogacy services in countries like the United States or Canada, where it is legal. The new law imposes severe penalties, including up to two years in jail and fines reaching €1 million (approximately $1.08 million).
During the parliamentary discussion, Brothers of Italy senator Lavinia Mennuni stated emphatically, "Motherhood is absolutely unique; it absolutely cannot be surrogated and is the foundation of our civilization. We want to uproot the phenomenon of surrogacy tourism."
Meloni has decried surrogacy as an 'inhuman practice' that commodifies children, aligning her views with the Catholic Church’s position on family and parenthood. This rhetoric has heightened tensions within Italy, where activists claim that the law is part of a broader agenda to restrict family formation among LGBTQ couples and contribute to an atmosphere of discrimination.
Demonstrators gathered outside the Senate to voice their outrage against the legislation, accusing the government of attacking LGBTQ individuals and harming those who wish to become parents despite Italy's alarming drop in birth rates. Franco Grillini, a long-time LGBTQ rights activist, lamented, "If someone has a baby, they should be given a medal. Here, instead, you are sent to jail if you don't have children in the traditional way."
Alessia Crocini, president of Rainbow Families, highlighted that the majority of Italians opting for surrogacy are heterosexual couples, but they often do so discreetly. As such, she argued that the new law primarily penalizes same-sex couples who are unable to conceal their family-building methods. This pattern of discrimination raises pressing questions about equitable access to family formation in modern Italy.
Interestingly, this legislative move occurs against the backdrop of Italy's declining birth rates, which have led to significant concern amongst economists and demographers. In March, the national statistics institute ISTAT reported births reached a record low in 2023 after 15 consecutive years of decline. As the government tightens regulations around family creation, critics point out the irony of penalizing those attempting to expand their families in a country desperately in need of population growth.
Grillini expressed his disbelief at the harshness of such a law, stating, "This is a monstrous law. No country in the world has such a thing." As Italy enters a new chapter in its political landscape, the implications of this legislation continue to unfold, raising critical discussions around family rights, LGBTQ equality, and the future of Italian society.
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