Italy’s Senate passed a new anti-surrogacy law on October 16, 2024, setting unprecedented legal standards by targeting Italian citizens seeking or assisting surrogacy arrangements even beyond its borders. While surrogacy has long been illegal within Italy, this law extends its reach, criminalizing such services abroad, including where they are legally available like in the United States and Canada. Under the law, individuals can face prison terms ranging from three months to two years and fines starting at 600,000 euros for engaging in surrogacy activities beyond Italy’s jurisdiction.
This legislation is a setback for numerous Italian families, especially heterosexual couples with medical infertility issues and the LGBTQ+ community already facing restrictions on adoption. The chance of a presidential veto is slim due to the conservative stance of Italy’s leadership, further cementing the law’s future hostile environment against LGBTQ+ rights.
For U.S. attorneys, this new law presents unique challenges. Italian attorney Alexander Schuster, speaking at a conference in the United States, elaborated on how the law poses a risk to U.S. legal practitioners with Italian roots. Due to Italy’s inclusive citizenship rules through ancestry, many Americans—attorneys included—may unknowingly hold Italian citizenship and thus be subject to Italian law. This scenario, although theoretical, highlights a potential risk for U.S. attorneys with Italian heritage advising on surrogacy in the U.S.
Despite the remote possibility of enforcement, given the impracticality of investigating American descent records, U.S. professionals in the field of assisted reproductive technology are suggested to proceed with caution. This warning, however, pales in comparison to the significant impact and challenges faced by Italy’s LGBTQ+ community amid the law’s enactment.
For further insights, refer to the original article published on Above the Law.