Outrage Over Impact of Italy’s New Surrogacy On Same-Sex Couples

Italy is facing renewed criticism over its tightening of reproductive laws after the government’s expanded surrogacy ban triggered widespread claims that the country had effectively barred gay and lesbian couples from becoming parents.

While the headline circulating on social media exaggerates the situation, the new policy marks one of Europe’s toughest restrictions on family-building for same-sex couples.

The controversy stems from a recent law that criminalises surrogacy undertaken abroad by Italian citizens — extending an older domestic ban to include international arrangements.

According to reports, offenders risk up to two years in prison and fines that may reach €1 million, a measure the government says is aimed at protecting women and preventing what it calls “procreative tourism.”

Although the law applies to all couples, critics note that it disproportionately affects gay male couples, who have fewer alternative pathways to parenthood.

The policy has left many families who used surrogacy outside Italy fearful of returning home, with rights groups describing the move as a direct attack on LGBTQ+ family life.

However, legal developments have not been entirely one-sided. In May, Italy’s Constitutional Court delivered a landmark ruling granting both mothers in a lesbian couple the right to be recognised as legal parents when they undergo IVF abroad.

Rights advocates welcomed the decision as a rare step forward for LGBTQ+ families in the country.

Despite this progress, adoption remains heavily restricted for same-sex couples, and surrogacy — the only viable path for many gay men — has now become legally perilous.

Fact-checkers report that the viral claim that “Italy bans gay and lesbian couples from becoming parents” is misleading, noting that the law does not explicitly outlaw parenthood for LGBTQ+ people. Instead, it removes or complicates key routes to forming families, deepening inequalities in the Italian parental system.

With Prime Minister Giorgia Meloni’s government championing “traditional family values,” observers expect further political tension over LGBTQ+ rights. For now, activists warn that the expanded surrogacy ban marks a significant setback for equality, even if it falls short of an outright prohibition on same-sex parenthood.