A bill declaring surrogacy a “universal crime” was just enacted by the Italian Senate. This ruling raises the bar for restrictions in a nation where surrogacy is already prohibited and has been since 2004.
Although surrogacy was already illegal in Italy, the new rule will make it illegal for Italians to obtain surrogacy overseas, even in nations where it is permitted.
More worries have been raised by the ban’s description as a “universal crime” (reato universal). For offenses deemed sufficiently heinous that they violate “universal values,” the phrase is reminiscent of the Italian criminal code. As a result, the language compares surrogacy to crimes against humanity and genocide.
There is disagreement among nations over the legality of surrogacy. Many permit it, however with varying limitations and protections. Since 2002, non-commercial surrogacy has been permitted in Greece, granting the intended parents legal parentage at the time of birth. Even so-called commercial surrogacy, in which the surrogate is paid, is permitted in California.
Germany and France are among the other nations that forbid surrogacy. When the kid is born, the surrogate becomes the child’s legal mother. However, in situations where surrogacy has been sought overseas, they usually still let the intended parents create a legal link with the child by other means, such as granting legal recognition to both parents through adoption or to the genetic father in addition to the surrogate mother.
Although the surrogate is the intended parents’ legal parent at birth in the UK, courts have the authority to transfer parenting to them through a parental order, a surrogacy-specific procedure meant to be less onerous than adoption.
The new surrogacy law, which Italian Prime Minister Giorgia Meloni hailed as “common sense,” shields mothers and children from “commodification.” For some, the prohibition is the antithesis of safeguarding women and children.
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