A new Italian law criminalizes surrogacy abroad, with penalties that include prison sentences and heavy fines. Critics argue that the app unfairly targets gay parents and that its enforcement is unclear.
Italy approved it on Wednesday seven hour debate A bill penalizing couples who seek surrogacy is in Parliament foreign. The bill was first introduced by Carolina Varchi, an MP from the far-right Fratelli d’Italia party, and was supported by the party’s president and prime minister, Giorgia Meloni.
The measure, backed by the party and its far-right coalition partner. lega, argues that protects women’s dignity and expands the ban on surrogacy that has been in place since 2004. Italians seek surrogate mothers in countries such as the United States or Canada, where the practice is common legalThey could face up to two years in prison and a fine of up to one million euros.
What were the penalties and what were the controversies?
The new law states that “anyone who carries out, organizes or advertises the commercialization of gametes, embryos or surrogate uteruses” may face penalties of 2 to 5 rupees. three months two years imprisonment and minimum fine 600,000 eurosLega had proposed an amendment to increase the penalties to 10 years in prison and 2 million euros. The amendment was ultimately rejected.
The issue is seen as something of a problem for the conservative ruling coalition. protect both women abroadAccording to them, being exploited The relationship between biological parents and their children. During the debate, MP Gianni Berrino said, “A woman does not donate organs, she gives birth to children. Thus, the woman is reduced to an incubator, and the relationship between mother and child is interrupted.”
While some wonder whether this puts Italian citizens in a difficult situation double jeopardyMPs supporting the law claimed it only targets those who break national laws already available. “Contrary to what is said, Elon Musk HE Elton John Forza Italia senator Pierantonio Zanettin said: “If luckily they were in our country, no lawsuit would be filed.”
of parties opposition They criticized the legislation. Anna Rossomando of the Democratic Party called it “unreasonable and completely Far from the Constitutional Court decisions and the European Court Human rights“. Alessandra Maiorino, vice chair of the Five Star Movement in the Senate, called the legislation “crude speculations purely for the sake of making an assessment.” propagandist at the expense of girls and boys”.
Disadvantages of the new law
It raises many unclear points, such as the application of the law and how to collect the evidence necessary for conviction and punishment. It is also wondered whether the case can be filed. retroactivein conflict with Italian legislation prohibiting this if it is negative for citizens.
Filomena Gallo, Association Secretary Luca Coscionia group in favor freedom of scientific researchHe said the new legislation “is a law” unfair and is discriminatory, it cannot be legally applied because it ignores the principle of double guilt, which is the basis of criminal law.
Another important obstacle arising from the lack of clarity in the law is How will you organize it? state birth certificates issued abroad. Italian management is famous. long delays This may further aggravate the misery of parents living abroad when it comes to processing births of citizens living abroad.
Additionally, activists say the bill disproportionately affects same sex parents In a country where same-sex marriage is also banned. Many LGBTQ+ lawmakers and activists protested outside the Senate to oppose the law; some carried banners reading ‘Parents, not criminals’.
