Rachele FalchiWhile the government builds walls against surrogacy and spends a billion euros to deport migrants to Albania, the most protected rights in Montecitorio seem to belong to pets, with dogs in ties setting the style among the seats.
Yesterday, the government solemnly equated surrogacy to a universal crime—because, as we know, the defense of fundamental rights knows no borders. Meanwhile, mind-boggling amounts were spent to deport 16 migrants—who apparently have far fewer rights—to reception centers in Albania, transported aboard the Libra, an Italian Navy ship, at a modest cost of approximately 1 billion euros (800 million for the construction of the centers and 134 million annually for their management). Not satisfied, they also approved the entry of pets belonging to members of our Republic into the Chamber, with a dog in a tie even photographed at Montecitorio, along with proclamations about upcoming inspections of “lager” kennels in Italy (let’s hope they also plan inspections in prisons or migrant reception centers in Italy). By all means, it’s a noble cause. But one can’t help but notice a certain imbalance between protections and rights.
But let’s take things in order and address the infamous issue of surrogacy.
Mino the bull terrier at Montecitorio
ph. Dire
Surrogacy and adoption in Italy: between ethics, discrimination, and the future of families
The recent confirmation by the Italian government to ban surrogacy, extending the criminalization even to those who seek this service abroad, has sparked a debate that goes far beyond a mere legal issue. This decision raises deep questions about the kind of society we want to build and how to reconcile ethics, family rights, and social inclusiveness, especially for families or individuals who, for medical or social reasons, cannot naturally conceive.
Altruistic surrogacy as an ethical proposal
In the United Kingdom, surrogacy has been legal since 1985, primarily in its altruistic form. In this model, the surrogate mother does not receive financial compensation for carrying the pregnancy but is reimbursed only for the related expenses. This approach is designed to prevent the commercialization of women’s bodies, safeguarding their dignity and autonomy. The focus is on promoting a form of surrogacy based on solidarity, avoiding economic exploitation while fostering mutual help among families. Although paid surrogacy has never been practiced in the UK, it has been widely accepted when carried out abroad.
In Italy, a similar regulation could be a solution to address the needs of many couples and singles without violating fundamental ethical principles. Allowing regulated and transparent altruistic surrogacy could prevent the need to turn to foreign countries where regulations are less stringent and the risks of commercialization are higher. Furthermore, a clear legal framework could reduce the stigmatization of families who choose this path, fostering a climate of greater understanding and inclusion.
Discrimination and rainbow families
A particularly delicate aspect concerns the perception that this Italian law might constitute an additional form of discrimination against homosexual families. While the law applies equally to all couples, it’s undeniable that rainbow families are disproportionately affected. In Italy, heterosexual couples still have access to assisted reproductive technology (ART) and adoption, alternatives generally denied to same-sex couples. For many LGBTQ+ families, surrogacy represents the only way to achieve their parenting goals.
The LGBTQ+ community argues that the criminalization of surrogacy, even when practiced abroad, creates yet another obstacle to the formation of non-traditional families, fueling a climate of marginalization and discrimination. Some civil rights activists and experts point out that this measure, while disguised as ethical protection, conceals an attempt to control and limit the rights of homosexual people, denying them access to parenthood tools available to others.
Adoption: a challenging path for many couples
In addition to the issue of surrogacy, adoption in Italy presents another major obstacle for couples who wish to have children. The adoption process in Italy is notoriously complex, burdensome, and costly, discouraging many families, especially those from less affluent backgrounds. The adoption path often proves to be full of hurdles, with long waiting periods, continuous verifications, and bureaucracy that slows the process.
For many couples, international adoption is the only alternative, but this option is also burdened with extremely high costs. It is estimated that couples may pay anywhere from a minimum of 10,000 euros to over 30,000. Countries like China, for instance, charge up to 20,000 euros for the adoption of a child, often with minor health issues. This creates a significant economic barrier, making the dream of having a family accessible only to those with the financial means. In fact, this situation further penalizes less affluent families and exacerbates social inequalities.
The legal contradiction: adoption yes, surrogacy no
The inconsistency in Italian law becomes evident when considering that while couples can pursue expensive international adoption, those who turn to another country for surrogacy—even in its altruistic form—are criminalized. The new law treats surrogacy as a universal crime, punishing those who resort to it with penalties equivalent to those for serious crimes such as torture and pedophilia. A comparison that raises concerns, especially considering that many families, unable to find solutions within the country, are forced to seek legal and altruistic alternatives abroad to realize their parenting dreams.
This disparity in treatment not only penalizes couples but also raises a moral and social question: what kind of society do we want to build? A society where some forms of parenthood are legally permitted and others are criminalized, even when practiced altruistically? And how can we ensure that the desire for parenthood is not exclusive to those with the financial resources to afford it—or only for heterosexual couples?
Towards a reflection on rights, equality, and inclusion
The restrictive policies regarding surrogacy and the difficulties associated with adoption raise a crucial question: what values do we want to promote as a society? It is clear that the absolute ban and criminalization of altruistic surrogacy abroad do not address the real needs of families or the need to ensure social equality and inclusion.
A broader and more inclusive reflection on parenthood, rights, and opportunities is more necessary than ever. Allowing altruistic surrogacy, streamlining adoption procedures, and reducing the costs of international adoption could be key steps toward building a fairer, more inclusive country that respects different forms of family.
The Italian government’s decision highlights the growing divide between the evolution of legislative norms and the changing social reality.
What kind of society do we want to build? A society that criminalizes those who seek to form a family with love and solidarity, or one that embraces and protects the desire for parenthood of every individual, regardless of their social status, sexual orientation, or financial capacity?
The future of families in Italy depends on the answers we can provide to these fundamental questions.
Also on LGBTQ+ topics, read the reflection on the Lega’s attack on academic freedom, targeting the University of Sassari and Professor Federico Zappino, who teaches a course on gender theories.
