The Italian Senate has approved a law categorizing surrogacy as a 'universal crime,' effectively extending Italy's longstanding domestic surrogacy ban to include international arrangements.

Since 2004, surrogacy has been illegal in Italy; however, the new legislation prohibits Italians from accessing surrogacy services abroad, even where it is legal.

This use of the term 'universal crime' aligns surrogacy with severe transgressions against 'universal values' in the Italian criminal code, akin to genocide and crimes against humanity.

Globally, surrogacy laws vary.

Greece permits non-commercial surrogacy, granting parental rights to intended parents at birth, while California allows commercial surrogacy.

In contrast, countries like France and Germany outlaw the practice but provide pathways to legal parenthood for intended parents.

In the UK, surrogates are the legal parents at birth until a court-issued parental order transfers parenthood to intended parents.

Prime Minister Giorgia Meloni, of the far-right Brothers of Italy party, praised the ban as protecting women and children from 'commodification,' supporting the party's traditional family values agenda.

Critics argue this law opposes the European Court of Human Rights' stance, which advocates for recognizing a legal parent-child relationship for surrogacy-born children to avoid leaving them 'legally parentless' or 'stateless.'

The law intensifies challenges for Italian same-sex couples who are legally barred from IVF and adoption, leaving them with limited reproductive options.

Many fear legal repercussions, including prison sentences of up to two years and fines up to €1 million, under the new law.

This move by Meloni's government forms part of a broader conservative agenda, raising concerns over the erosion of LGBTQ+ and women's rights in Italy.

This analysis was provided by Dafni Lima, Assistant Professor in Family Law at Durham University, republished from The Conversation under a Creative Commons license.