Is Italy Quietly Launching a Crackdown on Same-s*x Families Under the Veil of Protecting Motherhood?
Behind the polished rhetoric of safeguarding motherhood, Italy has passed a sweeping new law that some fear signals a covert assault on LGBTQ+ families. By criminalizing international surrogacy and imposing harsh penalties,
critics warn the country could be ushering in a cultural crackdown disguised as legal reform—a move that may disproportionately target same-s*x parents and their children.
Italy’s New Surrogacy Law Sparks Alarm Over LGBTQ+ Rights
Italy’s latest legislation takes an aggressive stance against surrogacy, extending criminal liability not only to domestic practices—
which have long been banned—but also to Italian citizens who utilize surrogacy services abroad. This legal extension has sparked intense backlash from LGBTQ+ advocates and legal experts, who fear the law could lead to systemic persecution of same-s*x families.
“This feels like a slap in the face,” said Yuri Guaiana, secretary of the Certi Diritti Association and a vocal defender of LGBTQ+ rights. “It’s as if the law was crafted to punish love and family diversity under the guise of protecting motherhood.”
Though surrogacy has been illegal in Italy since 2004, the new statute significantly raises the stakes. Italians who pursue surrogacy in countries where it is legally permitted, such as the United States, now risk imprisonment of up to two years and fines surpassing $1 million.
Senator Lavinia Mennuni, a key proponent of the law, framed the crackdown as a battle against “surrogacy tourism,” arguing that motherhood holds a sacred and irreplaceable status in society.
The Unequal Impact on LGBTQ+ Families
While heteros*xual couples comprise approximately 90% of those seeking surrogacy abroad, according to Rainbow Families President Alessia Crocini, many experts warn that the law’s harsh enforcement will disproportionately affect LGBTQ+ parents due to their heightened visibility.
Roberto Muzzetta, vice president of Arcigay Milan, expressed deep concern: “A heteros*xual couple returning with a child might slip through unnoticed, but two men or two women traveling with a newborn are likely to face scrutiny, suspicion, and potentially prosecution.”
This unequal targeting raises fears of a modern-day witch hunt against LGBTQ+ families, with the law effectively criminalizing their family-building choices.
Legal and Humanitarian Concerns
Beyond the penalties, the law sends a chilling message—equating international surrogacy with grave crimes such as terrorism and trafficking. “It’s devastating,” Guaiana lamented. “Children born through surrogacy are being labeled as the product of a crime, denied the dignity of their origins and the love of their families.”
The law’s ambiguity also casts a shadow over the future of children whose parents could face incarceration. University of Cincinnati law professor Ryan Thoreson highlights a critical legal void: “If both parents are imprisoned for pursuing legal surrogacy abroad, what happens to the child? The law provides no answers.”
Additionally, the legislation punishes acts that are lawful in other countries, raising serious questions about legal jurisdiction and individual rights.
The European Court of Human Rights has repeatedly affirmed that a child’s right to family life and identity requires recognition of their parentage—protections that this law threatens to dismantle.
Conclusion
Italy’s stringent new surrogacy ban marks a troubling shift—not just legally, but morally and socially. Its expansive reach and severe penalties risk alienating thousands of families, especially within the LGBTQ+ community, by undermining the very fabric of love and parenthood.
As Italy clamps down, the law’s murky enforcement and disregard for international legal norms risk turning families into fugitives and children into collateral damage. This isn’t merely a legislative change; it is a stark warning that identity, family, and love may soon face erasure under the guise of protecting tradition.