Italy’s LGBTQ community fears international surrogacy ban could trigger ‘witch hunt’

LGBTQ activists and legal experts in Italy fear a new law criminalizing international surrogacy could have a chilling effect on the country’s same-sex families and their children.

Same-sex couples singled out for criminal investigation. Legal ties between gay parents and their children severed. Italian citizens jailed for a procedure that’s completely legal in other countries, the U.S. included.

“We are all in a bit of a shock,” said Yuri Guaiana, an LGBTQ activist and secretary for the Certi Diritti Association, an Italian gay rights organization. “This law feels like a joke, a very sad joke.”

Surrogacy was banned in Italy two decades ago. But the new law goes one step further by imposing criminal penalties on Italians who have children through the procedure, even in countries where it’s legal.

“Motherhood is absolutely unique, it absolutely cannot be surrogated, and it is the foundation of our civilization,” senator Lavinia Mennuni said during the parliamentary debate over the new law. “We want to uproot the phenomenon of surrogacy tourism.”

A majority of Italian couples seeking surrogates are straight – roughly 90%, Rainbow Families President Alessia Crocini told Reuters.

But some advocates say, because gay couples are easily identifiable, the law will boil down to a blanket targeting of them.

A straight couple returning from a trip abroad with a newborn child wouldn’t be under suspicion, while a gay couple, particularly two men, could immediately be singled out, according to Roberto Muzzetta, the vice president of the Milan chapter of Arcigay, Italy’s largest LGBTQ non-profit. The result could amount to a cultural “witch hunt” for gay families, he said.

The law classifies international surrogacy as a universal crime, putting it on par with serious offenses such as terrorism. Penalties could run up to two years jail time and up to $1.1 million in fines.

“The message is, ‘Not only you are the result of a crime, but you are the result of a crime equal to genocide, to trafficking, and not the result of an act of love,'” said Guaiana.

Left open by the law is what would happen to children whose parents are penalized for seeking surrogacy abroad, said Ryan Thoreson, an associate professor at the University of Cincinnati’s College of Law.

“A same sex couple comes back from the United States, where they’ve legally had a child through surrogacy,” Thoreson said. “Potentially, both of those parents are going to prison. What happens to the child?”

Equally unclear is how Italy would impose penalties on a procedure performed in countries where it is totally legal.

In several cases handling surrogacy in recent years, the European Court of Human Rights has held that the “a child’s right to respect for private life” requires a pathway to a legal parent-child relationship through domestic law.

LGBTQ activists and legal experts in Italy fear a new law criminalizing international surrogacy could have a chilling effect on the country’s same-sex families and their children.

Same-sex couples singled out for criminal investigation. Legal ties between gay parents and their children severed. Italian citizens jailed for a procedure that’s completely legal in other countries, the U.S. included.

“We are all in a bit of a shock,” said Yuri Guaiana, an LGBTQ activist and secretary for the Certi Diritti Association, an Italian gay rights organization. “This law feels like a joke, a very sad joke.”

Surrogacy was banned in Italy two decades ago. But the new law goes one step further by imposing criminal penalties on Italians who have children through the procedure, even in countries where it’s legal.

“Motherhood is absolutely unique, it absolutely cannot be surrogated, and it is the foundation of our civilization,” senator Lavinia Mennuni said during the parliamentary debate over the new law. “We want to uproot the phenomenon of surrogacy tourism.”

A majority of Italian couples seeking surrogates are straight – roughly 90%, Rainbow Families President Alessia Crocini told Reuters.

But some advocates say, because gay couples are easily identifiable, the law will boil down to a blanket targeting of them.

A straight couple returning from a trip abroad with a newborn child wouldn’t be under suspicion, while a gay couple, particularly two men, could immediately be singled out, according to Roberto Muzzetta, the vice president of the Milan chapter of Arcigay, Italy’s largest LGBTQ non-profit. The result could amount to a cultural “witch hunt” for gay families, he said.

The law classifies international surrogacy as a universal crime, putting it on par with serious offenses such as terrorism. Penalties could run up to two years jail time and up to $1.1 million in fines.

“The message is, ‘Not only you are the result of a crime, but you are the result of a crime equal to genocide, to trafficking, and not the result of an act of love,'” said Guaiana.

Left open by the law is what would happen to children whose parents are penalized for seeking surrogacy abroad, said Ryan Thoreson, an associate professor at the University of Cincinnati’s College of Law.

“A same sex couple comes back from the United States, where they’ve legally had a child through surrogacy,” Thoreson said. “Potentially, both of those parents are going to prison. What happens to the child?”

Equally unclear is how Italy would impose penalties on a procedure performed in countries where it is totally legal.

In several cases handling surrogacy in recent years, the European Court of Human Rights has held that the “a child’s right to respect for private life” requires a pathway to a legal parent-child relationship through domestic law.

More from author

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Related posts

Latest posts

Schoolboy allegedly sexually penetrated by his married teacher Naomi Tekea Craig made DNA claim before she had his baby – as former students reveal...

A schoolboy alleged to be the father of his former teacher's baby appeared to publish a cryptic message about DNA tests before results came...

Mom Found Out Daughter Was Killed After Her Phone Pinged at Coroner’s Office

After not hearing from her daughter for hours, a Nevada mother tried to track her using her phone’s location — only to uncover a...

Woman Who Documented Her Terminal Cancer Online Dies at Age 26: ‘A Miracle That She Made It This Far’

Mackenzie Paul — who first went viral in August 2023 after opening up about her cancer diagnosis on TikTok — has died at 26. Her husband,...

Federal Officers Shoot and Kill Armed Man, 37, in Minneapolis, Officials Say

One person is dead following a shooting involving officers with the Department of Homeland Security (DHS) in Minneapolis. At around 9:00 a.m. local time on Saturday,...

Mom, boyfriend accused of locking kids in ‘chicken pen,’ holding children ‘fight nights’

WASHINGTON COUNTY, Mo. (WKRC) – A mother and her boyfriend were accused of “severe abuse and neglect.” According to a press release issued by the...

Ex-Restauranteur Poisoned Daughter to Death at Thanksgiving Dinner with Tainted Wine, Authorities Say

A North Carolina woman died after drinking poisoned wine at Thanksgiving dinner — and now, authorities say her mother was the one responsible. Leela Livis,...

Want to stay up to date with the latest news?

We would love to hear from you! Please fill in your details and we will stay in touch. It's that simple!