Italy Declares Surrogacy a "Universal Crime": Examining the Implications
The Italian Senate recently enacted a groundbreaking law designating surrogacy as a "universal crime," extending the prohibition to Italian citizens who pursue surrogacy abroad. This move places surrogacy alongside crimes like genocide in terms of perceived gravity under Italian law, sparking heated debates about ethics, individual rights, and the role of government in reproductive choices.
The New Law: Context and Scope
Italy has banned surrogacy domestically since 2004. The latest legislation escalates this by criminalizing Italian citizens who engage in surrogacy overseas, even in countries where the practice is legal. Violators risk imprisonment of up to two years and fines as high as €1 million. The term "universal crime" implies that surrogacy is a violation of universal values, placing it in a category of offenses that transcend national borders.
This strict stance has drawn criticism for conflating surrogacy with heinous acts like genocide. Legal scholars argue that such framing could lead to inconsistencies in international human rights rulings, particularly given prior judgments by bodies like the European Court of Human Rights, which emphasize the rights of children born via surrogacy.
Global Perspectives on Surrogacy
Globally, surrogacy laws vary widely. Countries like Greece permit altruistic surrogacy under strict guidelines, while commercial surrogacy is legal in parts of the U.S., such as California. Conversely, nations like France and Germany prohibit surrogacy but allow legal parenthood to be established through adoption or other mechanisms. The UK's approach offers a middle ground, granting intended parents legal status via court orders post-birth.
Italy’s outright ban stands out for its severity. Critics highlight potential complications, such as leaving children legally parentless or stateless when intended parents cannot establish a legal bond.
Impact on Families and LGBTQ+ Rights
Prime Minister Giorgia Meloni and her far-right Brothers of Italy party have positioned the law as a defense against the commodification of women and children. However, opponents argue that it infringes on reproductive autonomy and disproportionately affects LGBTQ+ families.
In Italy, same-sex couples face significant barriers to parenthood. They are barred from accessing IVF and adoption, leaving surrogacy as one of the few options to build a family. The new law effectively eliminates this path, forcing many to choose between leaving Italy or risking legal consequences. For heterosexual couples, the stigma and legal risks associated with surrogacy abroad add to the emotional and financial challenges of infertility.
Ethical and Legal Ramifications
The legislation raises broader questions about the intersection of ethics and law. Advocates for surrogacy emphasize the autonomy of women who choose to become surrogates, often citing studies where surrogates report positive experiences. Critics, however, argue that surrogacy exploits vulnerable women, particularly in countries with weaker labor and health protections.
The European Court of Human Rights has emphasized the need to balance ethical concerns with the rights of children born through surrogacy. Its 2019 advisory opinion underscored the importance of recognizing legal parenthood to protect children from statelessness and legal limbo. Italy’s law directly contradicts this reasoning, setting the stage for potential legal challenges.
A Broader Trend in Populist Policies
Italy’s surrogacy ban is part of a broader ideological push by Meloni’s government to promote traditional family structures. Policies restricting abortion and opposing same-sex marriage further reflect this agenda. The use of reproductive rights as a political tool has drawn comparisons to other populist movements worldwide, where LGBTQ+ and women’s rights are often contested.
Conclusion
While the intention to protect women and children from exploitation is valid, critics argue that Italy's new law goes too far, restricting individual freedoms and creating unnecessary legal and social challenges. The global surrogacy debate underscores the need for nuanced approaches that safeguard rights without criminalizing personal choices. As Italy moves forward, the law's practical implications and its compatibility with international human rights standards will remain under scrutiny.
Refrence From:www.ndtv.com