Italy passed a law that punishes its citizens with up to 2 years in prison for having children through surrogacy, even if they do so in a country where it is legal

Por Andrea Araya Moya
5 October, 2026

Leaving the country no longer avoids the consequences. Italy has decided to extend its ban on surrogacy beyond its borders and can punish its citizens even if the procedure was legally carried out elsewhere.

Surrogacy has been prohibited on Italian territory since 2004, but the new legislation also makes resorting to it abroad a crime. Penalties can reach up to two years in prison, in addition to fines of up to one million euros.

The measure was championed by Brothers of Italy, the party of Prime Minister Giorgia Meloni, together with the League. Its supporters argue that it seeks to protect women’s dignity and prevent pregnancy from becoming a commercial practice.

The law applies to all Italian citizens, although LGBTQ+ organizations warn that it will particularly affect same-sex couples seeking to start a family outside the country. During protests against the measure, some demonstrators summed up their position with a direct phrase: “We are parents, not criminals”.

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