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Italy Tightens Surrogacy Ban, Criminalizing Citizens Seeking Surrogate Mothers Abroad

People hold banners reading " we are families not crimes" during a pro-surrogacy flash-mob in Rome, Friday, April 5, 2024. The rally was organised to counter proposals by Italy's hard-right-led govern

Italy has recently tightened its surrogacy ban to include citizens who choose to travel to countries like Canada or the United States for surrogate mothers. The Italian Senate passed a bill criminalizing citizens who go abroad to countries where it is legal to purchase children through surrogacy. The bill extends an original ban put in place in 2004, which criminalized commercial surrogacy within Italy. The bill was promoted by right-wing parties, the Brothers of Italy and the League, with Italian Premier Giorgia Meloni leading the Brothers of Italy party.

Supporters of the bill claim that extending the surrogacy ban abroad protects women's dignity, while opponents have called it discriminatory toward same-sex couples. Under the bill, Italian citizens seeking surrogate mothers in countries where the practice is legal will face fines of up to $1.1 million and two years' jail time.

Pope Francis has also spoken out against commercial surrogacy, calling it 'deplorable' and a violation of the dignity of women and children. The Vatican condemns commercial surrogacy but does not deny children born through surrogate mothers sacraments like baptism.

Bill criminalizes Italians going to countries where surrogacy is legal.
Italy extends surrogacy ban to citizens seeking surrogacy abroad.
Right-wing parties promote bill, citing protection of women's dignity.

Italy, Spain, France, and Germany all ban surrogacy outright, while the UK allows for surrogates to be compensated within a reasonable amount of their regular expenses. In the United States, commercial surrogacy is not regulated by the federal government, and children born via surrogate mothers may have the client couple's name on birth certificates.

The surrogacy ban in Italy applies equally to all couples, but only those in heterosexual marriages are legally able to adopt children. Same-sex marriage is banned in Italy, leading to protests from LGBTQ activists who oppose the new law.

Overall, the debate around surrogacy continues to be a complex and contentious issue, with differing opinions on the ethical and legal implications of the practice.

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