The Italian Senate has passed a law banning surrogacy. Surrogacy is already illegal in this country and has been since 2004, so this new law takes the ban to a whole new level. It is being told that after the new law on surrogacy, it is being called ‘universal crime’.
The use of the word “crime” (reto universal) to describe the ban has raised further concern. The language is reminiscent of the Italian Criminal Code’s wording for crimes considered so serious that they violate the value of Therefore this term equates surrogacy with genocide and crimes against humanity.
France and Germany have also banned surrogacy
Countries are unanimous on whether surrogacy should be allowed or banned. Despite various restrictions and security measures, many people allow it. In Greece, non-commercial surrogacy has been legal since 2002, allowing prospective parents to acquire legal paternity at birth. In California, commercial surrogacy surrogates are also allowed to receive compensation.
Other countries, including France and Germany, ban surrogacy. This means that the surrogate is the legal mother at the time of birth, but they still usually allow the intended parents to establish a legal bond with the child in other ways, for example through surrogacy. As well as giving legal recognition to the genetic father or to both parents through adoption, surrogacy has been sought abroad in such cases.
Italian Prime Minister Giorgia Meloni called the new surrogacy ban “common sense.” Others consider this ban contrary to the safety of women and children.
Any new consensus on surrogacy
The European Court of Human Rights often examines events in its member states (which includes Italy) to determine whether there is broad consensus on an issue. In 2014 it addressed surrogacy in its Meneson v. France decision, and in 2019 it issued an advisory opinion on the matter. However, this did not lead to any consensus on the validity of the surrogacy system.