In a significant legislative move, the Italian parliament has designated surrogate motherhood as a “universal crime,” a decision that has garnered enthusiastic support from feminist and pro-life groups while drawing criticism from LGBTQ+ advocates. The proposal, championed by parliamentarian Carolina Varchi, was officially approved after the Senate’s vote of 84 to 58, building on the previous approval from the Chamber of Deputies in July. Varchi stated that this law effectively abolishes a practice viewed as exploitative, where vulnerable women are commodified for childbearing purposes. Her comments highlight the Italian stance against surrogacy, marking Italy’s commitment to prosecuting surrogate motherhood, even if conducted outside its borders.
This new law emerges after extensive public and parliamentary discussion, marking what Varchi describes as a historic achievement for Italy. The legislation makes it clear that the act of “renting a womb” is punishable, reinforcing the country’s firm stance against practices that exploit women and treat children as commodities. Varchi emphasized that motherhood should not be commercialized and children should never be subject to purchase. Additionally, the law aims to dismantle what has become known as “procreative tourism,” wherein Italian citizens engage surrogacy services in countries that allow the practice.
Support for the law has come from various political figures, including Fratelli d’Italia senator Lavinia Mennuni, who underscored the need to protect the dignity of both mothers and children. Lucio Malan, another member of Varchi’s party, asserted that the law champions children’s rights to know their biological parents and rejects the notion that they can be treated as merchandise. In stark contrast, pro-LGBTQ+ organizations swiftly criticized the legislation, labeling it an anti-LGBTQ+ measure that threatens the legality of homo-parenting in Italy. Alessia Crocini, president of Famiglie Arcobaleno, argued that the government is using the guise of safeguarding women, whilst undermining their self-determination regarding reproductive choices.
Pro-life advocates have embraced the law as a crucial step towards safeguarding the dignity of women and children, who they assert are often victimized within the global surrogacy market. Jacopo Coghe, a spokesperson for Pro Vita & Famiglia, characterized the law’s approval as a landmark victory against an industry that commodifies women’s reproductive capabilities and treats children as products. This legislation is seen as the culmination of extensive advocacy and public campaigning, including petitions that have garnered tens of thousands of signatures in support of the movement against surrogacy practices.
The Vatican has also aligned itself with this legislative directive, calling for a worldwide ban on what it describes as the “deplorable” act of human surrogacy. The Vatican’s doctrinal office issued a declaration condemning surrogate motherhood for degrading both women and children, framing it as a violation of human dignity. This document, referred to as Dignitas Infinita, posits that surrogacy reduces unborn children to mere commodities and highlights that the scheme often exploits women facing economic hardships. Affirming the religious perspective, the declaration, echoing sentiments from Pope Francis, insists that a child should be viewed as a gift rather than something that can be commodified through contractual agreements.
As the Italian law takes effect, its implications resonate across various dimensions of society. Proponents celebrate it as a progressive step towards gender equity, emphasizing that the legislation addresses not only the exploitation of women but also the moral stakes regarding the commodification of motherhood and childhood. Meanwhile, opposition groups are gearing up for legal challenges and protests, determined to advocate for their rights and the recognition of diverse family structures. The unfolding debate around this legislation underscores the complex interplay between reproductive rights, family dynamics, and societal values, revealing a deeply divided landscape in Italy regarding the future of surrogacy and what it represents for families.