The Italian Senate has just approved a significant bill that expands the country’s reach into the realm of surrogacy, allowing for the prosecution of individuals involved in surrogacy arrangements even outside its borders.
This legislation imposes strict penalties that could include hefty fines of up to 1 million euros (over $1 million) and potential prison sentences for violators.
A Long-standing Ban
Surrogacy has been banned in Italy since 2004, as outlined in Law 40, which governs assisted reproductive technologies.
The recent vote on October 16 marks a pivotal change in this legislation.
The Senate’s decision amends Law 40, now classifying surrogacy as a “universal crime” under Italian law, thus allowing the country to take legal action against its citizens involved in surrogacy arrangements anywhere in the world.
New Penalties for Offenders
Under the current legal framework, Article 12, paragraph 6 of Law 40 stipulates that those who engage in, facilitate, or promote the commercialization of maternal surrogacy can face up to two years in prison along with fines ranging from 600,000 to 1 million euros (approximately $652,000 to $1.09 million).
The newly introduced amendment specifies that if any acts of maternal surrogacy are committed outside Italy, Italian citizens will still be subject to these penalties under their national laws.
A Divisive Issue in Italian Society
The Senate’s decision, which passed with a vote of 84 to 58 and saw no abstentions, followed intense discussions among lawmakers.
Surrogacy remains a contentious topic in Italy, stirring significant political and social debate in this predominantly Catholic nation.
The current right-leaning government, led by Prime Minister Giorgia Meloni, has been a strong proponent of this criminalization effort.
Looking Ahead
With Italy moving forward with these legal changes, questions arise about the implications for families and individuals seeking surrogacy options.
Ongoing debates will likely continue to shape the national discourse around reproductive rights and family planning in the country.
What will be the next steps in this evolving landscape?
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