In a concerning turn of events, Italy has recently introduced stringent measures targeting LGBTQ+ families, raising alarm within the community.
These actions, aimed at limiting family formation and restricting access to fertility services, have sparked widespread criticism and concern for the well-being and rights of LGBTQ+ individuals.
It is our fervent hope that the safeguarding of Italian Constitutional protections for all families will ultimately triumph over detrimental legislation and adverse judicial actions.
As the United States celebrates Pride Month and shows solidarity with the LGBTQ+ community through various parades nationwide, Italy, unfortunately, appears to be heading in the opposite direction. The country is taking aggressive measures that will have detrimental effects on the Italian LGBTQ+ community, particularly in relation to issues concerning family formation and the right to equal access to fertility services and family recognition.
One concerning aspect is the criminal prosecution of Italians who engage in surrogacy arrangements abroad. Surrogacy has been illegal in Italy since 2004, compelling prospective parents to seek surrogacy abroad, often in the United States. However, a bill under discussion by the Justice Commission at the Italian Chamber of Deputies seeks to expand the existing domestic ban on surrogacy and also apply it to Italians seeking such fertility arrangements outside the country.
This proposed law would subject individuals involved in the commercialization of gametes, embryos, or surrogacy to criminal penalties, even if these activities are carried out beyond Italian borders. The potential penalties include imprisonment for up to two years and fines of up to 1 million euros. Notably, this would apply regardless of the legality of surrogacy or donation arrangements in the country where the treatments occur. Consequently, this would deter individuals from pursuing legal and consensual contractual arrangements in other countries.
While the law technically treats same-sex and opposite-sex couples equally, it has disproportionate effects. Italian group Rainbow Families highlights that 90% of Italian families utilizing surrogacy are opposite-sex couples, who can often keep their arrangements secret and avoid scrutiny. On the other hand, the criminalization imposed by the proposed law would predominantly impact gay couples, as their child’s birth certificate would reveal two fathers as parents, making it difficult to conceal the surrogacy arrangement.
Furthermore, the Italian government is taking extreme measures against LGBTQ+ families, such as attempting to remove the second parent from birth certificates. The Public Prosecutor’s Office in Padua recently initiated action to contest 33 birth certificates registered by Mayor Sergio Giordani, seeking to eliminate the second parent (nonbirthing mother) from the documents. This would leave children who have had two legal parents without a second legal parent, depriving them of the legal rights and stability enjoyed by heterosexual couples, including inheritance rights, custody, and medical decision-making.
Italian attorney Ida Parisi explains that if the proposed law passes, it could impact Italians seeking egg or sperm donation treatments in countries where compensation is allowed for gamete donors. This may be deemed commercialization under the proposed law. Additionally, it may affect the process of egg and sperm donation within Italy, as Italian fertility centers often import gametes from foreign tissue banks due to the shortage of domestic donors.
Parisi notes that the proposed law’s main objective is to protect the dignity of surrogates, ensuring they are not reduced to mere “incubators.” However, the bill neglects to consider the rights of children or individuals to have a family, potentially resulting in the separation of minors from their parents and the imprisonment of parents without due regard for children’s rights.
Despite these challenges, there is hope that the Italian Constitutional Court may find aspects of the proposed law to be in violation of the Italian Constitution, leading to its declaration as unconstitutional. It is worth noting that the Italian Constitutional Court has previously criticized the lack of regulations protecting children born through IVF in lesbian couples as a serious violation of fundamental rights.
While Italy cannot prevent couples from loving each other or expanding their families, its actions in this sphere cause unnecessary suffering and instability for LGBTQ+ families and those requiring fertility treatments, subjecting them to emotional harm and discrimination.
