On Wednesday, 16 October, the legislature of the Italian Republic yet adopted a bill by which the rules on the practice of ‘substitution’ were tightened.The amendment boils down to the extension of the prohibition of surrogacy in Italian law in force since 2004 to citizens of Woch who undertake this activity abroad, whether or not it is legal in the territory of a 3rd country.The perpetrators will be subject to severe penalties, in the form of imprisonment of up to 2 years and fines of up to EUR 1,000,000.
The surrogate motherhood, besides called surrogacy, is simply a ‘contract’ whereby a female undertakes, as a regulation for remuneration, to become pregnant by fertilisation in vitro, the birth of a kid and the transfer of parental rights to a ‘customer’ (another individual or couple). This practice raises many ethical, moral and legal concerns, as it objects and violates the dignity of the female and her child. In addition, this phenomenon exposes the child, parents and others active (e.g. anonymous donors, or genetic parents) to a number of long-term negative physical and intellectual consequences.
The prohibition of surrogacy is frequently fictional
In most European Union countries, surrogacy is mostly prohibited. In any countries, however, the law permits or does not address different forms of legislation. The surrogacy procedure has been condemned respective times by various global bodies, including twice by the European Parliament, which in its resolutions described the surrogacy as "a form of the usage of the body of a female and her reproductive organs" (2011) and indicated that foster motherhood is simply a practice "which undermines the human dignity of a woman" (in 2015).
Actions aimed at reducing surrogacy and protecting women and children are besides taken at the level of individual countries where different gaps in the rules let the practice of "substitution" through the back door. In fresh days Italy has joined the group of countries that have decided to close the gap in government and to extend the ban on surrogacy.
Italy the prohibition on ‘substitution’ applies under Article 12(6) of Law 40/2004 on medically assisted procreation of 2004, according to which those who do so are facing imprisonment from 3 months to 2 years and fines from 600,000 to 1,000,000 euro. However, this regulation referred only to acts committed in the territory of Italy, as a consequence leaving outside its scope the situations where the citizens of that country decided to adopt a "successful adoption" abroad. A akin situation exists in another European countries where surrogacy is theoretically prohibited, e.g. Germany, France or Spain, where even fairs are held for the beginning of companies offering paid surrogacy services – in full inertia of the authorities.
The conservative Italian Government so proposed to amend the 2004 law, under which the penalties provided for in Article 12(6) would besides apply to Italian citizens who commit a criminal offence of surrogacy abroad, whether or not the designated practice is legal in the territory of a 3rd country. Amendment by Carolina Varchi, associate of the home of Deputies from the right-wing Italian Brothers organization – National Alliance (Fratelli d’Italia – Alleanza Nazionale, FdI-AN), was approved by the Chamber of Lower Italian Parliament on 26 July 2023, with 166 votes in favour, 106 against and 4 abstentions.
The clear majority of Italian parliamentarians behind the project
In July this year, the amendment remained adopted by the legislature Committee on Justice. Ultimately, after the proposal has been stuck in Parliament for a while, On Wednesday, October 16, the task was approved by the legislature – 84 representatives in the advanced chamber voted in favour, with 58 Senators opposed (None of the current parliamentarians abstained). In both cases, a vast majority of right-wing and centre-right MPs and senators voted in favour of the amendment, with the opposition of the left-wing deputies, and the vote was accompanied by a stormy debate. From the minute of the amendment for the "successful adoption" to Italian citizens who commit this activity abroad, they will be facing precisely the same sanctions, namely imprisonment of up to 2 years and fines of up to EUR 1,000,000.
The legislature decision was welcomed by the Italian Prime Minister Giorgia Meloni, who referred to the amendment as "healthy regulation against the commercialisation of women's body and children. – With the final approval of the Law recognising foster motherhood as a common offence, the barbarism which exploited the most susceptible women and commercialized children was put to an end – said the author of the amendment Carolina Varchi, at the same time stating that "the key aspect of the law is to extend the prosecution of a replacement maternity offence besides to behaviour committed abroad by Italian citizens, thus creating a real deterrent".
More and more countries see the problem
In fresh years, in the global arena as well as in individual countries, there has been growth and improvement of various activities aimed at a far-reaching simplification of surrogacy. It is simply a phenomenon which strikes the natural dignity of a female and her child, which are brought into the function of subjects, as part of the ‘substitution’ process. That is why society is becoming increasingly aware of the dangers of surrogacy, which translates into various initiatives aimed at protecting women and their children from actual trafficking in human beings.
– The decision of the Italian Senate, on the another hand, is an example of good and desirable action by the state, which, while recognizing the complex and complex nature of this phenomenon, including in its legal aspects, continues to fight for the well-being of women and children. The amendment to the Medical Enabling Act eliminates the legal gap, which has led to a 20-year ban on surrogacy being celebrated by the back door for a long time. Therefore, the decision by Italian politicians to introduce a "common ban on surrogacy", as the local press states, should be assessed positively – says Patrick Ignaszczak of the Center for global Law.
Source: Ordo Iuris
TG
