Italy Expands Surrogacy Ban, Deepening Barriers for LGBTQ+ Families

Italy has passed a law that criminalizes surrogacy for its citizens, even when conducted abroad in countries where the practice is legal. This move, spearheaded by the far-right Brothers of Italy party led by Prime Minister Giorgia Meloni, represents an intensification of Italy’s long-standing ban on domestic surrogacy and has fueled international concern over the state of LGBTQ+ rights in the country .

Previously, surrogacy had been prohibited within Italy since 2004, carrying penalties of up to two years in prison and fines reaching €1 million for those involved. The new measure extends these penalties to Italians engaging in surrogacy arrangements outside the country, making it a criminal act regardless of where the surrogacy takes place .

The law’s passage is closely aligned with the Meloni government’s broader push for what it frames as “traditional family values.” The Brothers of Italy party has consistently promoted policies that define family in heteronormative terms, openly opposing same-sex marriage, adoption by same-sex couples, and other LGBTQ+ rights. During parliamentary debates, party representatives described motherhood as “the foundation of our civilisation,” highlighting the ideological motivations behind the legislation .

While the government claims the law safeguards children and upholds the dignity of motherhood, critics argue it is part of a broader trend of weaponizing reproductive and LGBTQ+ rights in the current populist climate .

For LGBTQ+ Italians—especially gay male couples—surrogacy has been one of the very few remaining avenues to biological parenthood. Italian law already bars same-sex couples from adopting or accessing in-vitro fertilization (IVF), and now, with surrogacy criminalized both domestically and internationally, these options are effectively closed off .

LGBTQ+ advocates have voiced particular worry that same-sex couples, who cannot “fly under the radar” as easily as some heterosexual couples, are at greater risk of investigation and legal consequences. Alessia Crocini, President of Rainbow Families, notes that while the majority of Italians seeking surrogacy are heterosexual, same-sex parents are disproportionately targeted, both by the law and by public scrutiny .

Some parents now face a harrowing dilemma: leave Italy indefinitely to protect their families, or remain and risk severe penalties, including imprisonment and substantial fines .

While the law’s immediate effect is felt acutely by LGBTQ+ families, reproductive rights advocates highlight its broader implications for all Italians. Surrogacy is utilized by a diverse range of people—heterosexual and LGBTQ+ alike—facing infertility or other barriers to biological parenthood. The new law thus represents a significant curtailment of reproductive autonomy for many .

Legal scholars have questioned whether the law can withstand international legal scrutiny, given its extraterritorial reach and its potential conflict with broader European human rights standards. At the same time, activists warn of a chilling effect on LGBTQ+ rights, as Italy’s legislative trend may embolden other governments to pursue similar policies .

The passage of the expanded surrogacy ban has sparked protest from LGBTQ+ organizations within Italy and across Europe. Advocates are calling for greater solidarity and legal support for affected families, as well as renewed pressure on Italian authorities to align national laws with European human rights obligations .

As the law takes effect, many same-sex couples and their allies are left grappling with uncertainty, but also determination to fight for equality and family recognition. The coming months will likely see legal challenges and increased international advocacy as Italy’s LGBTQ+ community seeks to protect basic rights and dignity in the face of mounting restrictions.