Since Giorgia Meloni came into power (October 2022) as the first female Prime Minister of Italy , new laws are being formed making it much harder for same-sex couples to become parents. Italy, being a very catholic country, is quite behind compared to the rest of Europe on LGBTQ+ rights. Same-sex marriage is not yet legal (unlike in most of Europe). A law allowing civil union between people of the same sex was passed in 2016, but as they are not allowed to adopt or use artificial insemination, starting a family is very difficult.
With artificial insemination and adoption both being illegal for same-sex couples, one of the only options that they have to start a family is through surrogacy. Surrogacy is illegal in Italy, but a lot of gay couples have been travelling to countries where it is legal such as the US and Canada, and then bringing the baby back home to Italy. One of the new laws that the government wants to put in place would make surrogacy abroad illegal. If it is put into place, it would make it really hard for same-sex couples to become parents, as it would make surrogacy a ‘universal crime’. The idea of the law came after Giorgia Meloni (current Prime Minister of Italy) came into power. She describes herself as a Christian mother and believes that a child should have a mother and a father. The consequences for breaking the law are a 1 million euro fine and up to 2 years in jail.
A couple of two men (anonymous) have a baby on the way via surrogacy in another country. “I feel like I’m being forced into exile, just for wanting to become a father,” They fear that they will be arrested once they return home with their baby, leaving the child without parents in the adoption system. To protect their family, they have decided that the only option is for them to leave Italy. They have both started learning another language and looking for a job abroad. “I don’t want to leave my country. I am proud to be Italian. I’m trying my best to be a good citizen, and now I’m being treated like a criminal – just because I want to have a family.”
Another issue that has recently come to light, is that some of the children of same-sex couples are not being registered by the Italian state, meaning that for the government they simply don’t exist. A different couple has shared about how their twins, born in the US via surrogacy, were not recognized by the Italian state. “Our twins don’t exist in the eyes of the Italian state. They are treated like illegal migrants. It’s profound discrimination.” In some cities, like the city of Padua, they have started removing the name of the non-biological mother from the birth certificates of the children of lesbian couples. This means that the non-biological parent would need permission from the other parent to do simple daily things, such as pick up their child from school or take their child to the doctor, as the government would not recognize them as a legal guardian. Because same-sex couples are not recognized in Italy, if the non-biological mother wants to be on the birth certificate or be a legal guardian to her child, she must legally adopt her child.
To conclude, the new laws that are being placed in Italy are making life incredibly difficult for same-sex couples who have or want to have children. The 8-year-old son of a gay couple, who was born via surrogacy in the US, has responded to the issue, by saying that he does not feel like he has less than other children just because he doesn’t have a mother. “We do not need a mother to live… It is also possible to live with two fathers. We are happy, we have all the things that other children have.” Overall, the new laws are leaving same-sex couples very few options if they want to have children, causing a lot to leave the country just to start a family. By not legally recognizing the children of same-sex couples already living in the country, they are causing them to struggle to get basic needs such as medical care and education, worsening their quality of life, and clearly differentiating them from other children.
