In recent weeks, social media has erupted with posts claiming that Italy has introduced a new law banning same-sex couples from having children through surrogacy. Many of these posts, marked with sensational terms like “Breaking” and accompanied by siren emojis, have garnered millions of views and thousands of likes. The content often features stock images of Italian Prime Minister Giorgia Meloni alongside LGBT symbols, such as rainbow flags crossed with red “banned” signs. However, the lack of credible sources or links to official announcements indicates that these claims might be misleading.
Italy has indeed imposed restrictions on LGBT people seeking parenthood through surrogacy, but this has not occurred recently. The effective prohibition stems from a law instated in October 2024, which criminalizes Italian citizens who travel abroad for surrogacy services. This legislation has been criticized for being particularly discriminatory toward same-sex couples, as it diminishes one of the few alternatives they had for becoming parents. The July posts fail to clarify that the surrogacy ban had already been enforced further by extending a policy that originated in 2004, which forbids the practice within Italy and poses severe penalties, including hefty fines and jail time, for those who seek such services abroad.
While the law applies equally to heterosexual and same-sex couples, it is often argued that it disproportionately impacts LGBT individuals. This is exacerbated by the current adoption laws in Italy, which typically permit only married couples to adopt children. Given that same-sex couples in Italy may only enter into civil partnerships rather than marriages, they are automatically excluded from adoption rights, further complicating their paths to parenthood. Hence, although the law isn’t specifically tailored to target LGBT couples, its execution shows a pattern of discrimination.
In May 2025, Italy’s Constitutional Court made a landmark decision allowing two women to register as parents on their child’s birth certificate. This ruling affirmed that parental rights extend beyond the biological mother, marking a significant legal progression for LGBT rights in Italy. This change was celebrated by advocates as a positive step forward, indicating that the state recognizes both women’s roles in parenting. However, the court’s ruling did not alter the restrictive surrogacy laws, which remain in place, and it has no implications for male same-sex couples, reflecting ongoing disparities in familial recognition.
Italy stands as one of the few countries in the European Union to outlaw surrogacy for its citizens when seeking such services abroad. While various other EU nations also impose bans on domestic surrogacy, the landscape is not uniform. Countries like France, Germany, and Spain maintain prohibitive stances, yet others, such as Portugal, Greece, and Belgium, allow the practice under specific frameworks, highlighting a stark contrast in legislative approaches regarding LGBT rights and familial structures.
As the debate surrounding surrogacy and LGBT rights continues to evolve, Italy’s current legal framework remains heavily criticized for failing to provide equal opportunities for all individuals wishing to have children. With restrictive surrogacy laws and the challenges posed by existing adoption policies, the situation raises questions about equality and the state’s role in facilitating diverse family structures. As advocates push for further reforms, the need for comprehensive legal changes that recognize and support all family dynamics has become ever more pressing.
