An extended Italian law is putting parents at risk for choosing to go abroad and having a child via surrogacy in another country.
One example of this is a gay couple who went to the United States and are now too scared to go back home. This is as Giorgia Meloni's government enacted what is described as the most restrictive law against so-called "procreative tourism."
Italy's Ban on Surrogacy Abroad
They could become the first Italians to be prosecuted under the extended law, which was enacted in December last year. That extension made it implement an outright ban on domestic surrogacy by making it a universal crime that transcends borders. It puts them in the same place as terrorists, pedophiles, and war criminals.
The new measure can also result in jail time for prosecuted individuals that could see them being imprisoned for up to two years. They can also be fined between $655,000 and $1.1 million if they are found to be guilty, according to The Guardian.
The gay couple's son was born from surrogacy in San Diego, California, in the middle of February this year. Gianni Baldini, a lawyer for the individuals, said that his clients are worried about going back home to Italy due to the possibility of facing jail time and fines.
Baldini has made the gay couple's case public on their behalf, adding that they are now evaluating the idea of staying in the United States. The situation comes as Meloni's far-right Brothers of Italy had been campaigning for people who seek surrogacy abroad to be criminalized.
Making the Procedure a "Universal Crime"
Late last year, the Italian Senate passed a law that made surrogacy a "universal crime," which takes restrictions much deeper. Previous regulations banned surrogacy within Italy but the new legislation criminalizes Italians for getting access to the procedure in other countries, even in places where it is legal, The Conversation reported.
Italian lawmakers' use of the term "universal crime" has also raised further concern among advocates and citizens. This particular language evokes the wording of the Italian criminal code, which was designed for crimes considered serious enough to contravene "universal values."
Many critics also see the extension of the law to have been designed to target LGBTQ couples, who are now allowed to adopt or use in vitro fertilization (IVF) within Italy. The new law passed by 84 votes to 58 in the country's Senate late last year, as per BBC.
