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On Wednesday, Italy enacted a law criminalizing surrogacy abroad, a step the country’s conservative government claims will uphold the dignity of women. However, critics argue it represents another attack on L.G.B.T. families, as the law effectively prevents gay fathers from having children.

Surrogacy has long been illegal in Italy, but Prime Minister Giorgia Meloni’s administration aims to expand the prohibition to penalize Italians who seek the procedure in countries where it is legal, such as parts of the U.S.

Analysts interpret the law as an effort by Meloni to solidify her conservative image and appeal to a base that largely opposes surrogacy and same-sex adoption. Critics note that Italy, a nation with strong ties to the Vatican, already lags behind many European countries in civil liberties. They argue that by targeting gay families with additional restrictions, Meloni’s government is adopting a hardline stance.

Even before its passage, the legislation caused significant concern among gay families. They now fear legal consequences, including fines and prison time, if they pursue surrogacy overseas.

“It feels like being hit by a truck,” said Pierre Molena, who, with his partner, had been navigating the long and difficult path of having a child via surrogacy abroad. He added, “We are deeply worried about our future and that of our children.”

While some lawmakers argued that the legislation was not homophobic and did not single out the gay community, Carolina Varchi, the bill’s sponsor, openly stated that her party was combating L.G.B.T. “ideology.” Domenica Spinelli, a senator from Meloni’s Brothers of Italy party, echoed this sentiment, saying, “Hurrah for children and their right, above all, to have both a father and a mother.”

Meloni, who has political roots in a post-fascist party, has surprised some by aligning with Western mainstream policies on matters like the economy and Ukraine. But she has also made quiet moves on cultural issues, including abortion and gay rights, to appeal to her conservative supporters. This trend worries critics, as Italy was already behind most European nations in L.G.B.T. rights before her government took office. Unlike most of Europe, Italy does not recognize same-sex marriage, a policy it shares with only a few EU nations like Hungary and the Czech Republic.

Since taking power, Meloni’s administration has challenged court rulings that allowed adults to be labeled simply as “parents” on their children’s documents, rather than being identified as “mother” or “father.” Additionally, the government pushed for strict enforcement of a ruling that barred registering children born via surrogacy abroad as having two fathers. Cities like Milan, which previously issued such certificates, have now stopped, and several Italian prosecutors have reexamined the birth certificates of children born to lesbian couples. Many mothers face the risk of having their names removed from their children’s birth certificates.

Opponents of surrogacy include both the Roman Catholic Church and many feminists, and the practice is illegal in several European countries. It is permitted under specific conditions in places like Britain and Greece. However, Italy’s new law goes much further, and it is unclear whether it will withstand legal challenges.

In principle, anyone can report a family suspected of using surrogacy, potentially triggering criminal proceedings. Experts warn this could lead to constitutional challenges, especially since Italy would be prosecuting individuals for acts that were legal in the countries where they occurred, raising the possibility of diplomatic issues.

The law targets a small number of families, as most Italians do not use surrogacy, and Italy faces a demographic crisis with a low birthrate. While most heterosexual Italian couples using surrogacy may also be affected, experts believe the law particularly endangers gay couples, who rely on third parties to have children and have limited options to start families, given that adoption is restricted to heterosexual couples in Italy.

Molena criticized the law for failing to distinguish between cases where surrogacy exploits vulnerable women and situations where women in countries like Canada voluntarily carry a baby without compensation.

Conservative senators, however, argue that surrogacy exploits all women, and that the law will end what they see as the hypocrisy of Italians circumventing domestic laws by going abroad. Senator Elena Murelli, of the anti-immigrant League party, equated surrogacy to “child trafficking,” saying, “You can’t buy children like you do groceries.”

Liberal lawmakers countered that surrogacy is a medical response to infertility and pointed out that in a country where gay couples cannot adopt, the law further limits their chances of having children. They also argued the law stigmatizes children already born through surrogacy, who are now living in Italy. Alessandra Maiorino, a member of the Five Star Movement, noted, “It’s as if you’re ignoring the fact that these children already exist.”e Star Movement.

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