Legge Varchi on surrogacy

In a controversial move that has sparked considerable debate both within Italy and across Europe, Italy has enacted a new law prohibiting surrogacy, led by Fratelli d’Italia (Brothers of Italy) party deputy Carolina Varchi. Known as the Legge Varchi, the law criminalises surrogacy as a universal crime, meaning Italians who engage in surrogacy abroad will also face prosecution in Italy. This legislation has raised fundamental questions about personal freedom, bodily autonomy, and Italy’s approach to family and reproductive rights in the modern world.

Why many are protesting against it as a backward move on reproductive rights?

The new law, Legge Varchi, passed in 2024, has introduced a ban on surrogacy, effectively criminalising the practice for all Italian citizens regardless of whether the surrogacy arrangement occurs within Italy or abroad. Under this law, those found guilty of engaging in surrogacy could face up to two years in prison and a fine of up to €1 million. The decision is not rooted in conservative perspectives or tied to traditional values yet by Italy’s ruling coalition, and supposedly aims to “protect the dignity of women” by preventing what some legislators describe as the “commodification of the female body.”

For Italians, this means that even if they travel to countries where surrogacy is legal (such as the United States, Mexico, or Greece) they may still face prosecution upon their return. The law is designed to close what proponents see as a loophole, allowing citizens to bypass Italian restrictions by going abroad. However, this interpretation of surrogacy as a criminal act, and not the last resort to have a family, raises serious questions about Italy’s direction regarding human rights and reproductive autonomy.

The law comes from Italy’s far-right government, which has made no secret of its intention to reinforce traditional family structures. Fratelli d’Italia party, which has historically taken conservative stances on issues like same-sex marriage and adoption, views the Legge Varchi as an opportunity to assert Italy’s commitment to these values. Deputy Carolina Varchi has been vocal in her opposition to surrogacy, calling it “inhumane,” while other supporters argue it protects both women and children from exploitation.

However, the law is less about protecting individuals and more about enforcing a rigid and conservative ideology on all Italians. By criminalising surrogacy entirely, Italy is not only disregarding the autonomy of those who willingly choose to participate in surrogacy agreements but is also effectively sidelining LGBTQ+ couples, single individuals, and others who might rely on surrogacy to start families.

There is a stark contrast between Italy’s new surrogacy ban and the evolving attitudes seen globally. Countries worldwide, including the Georgia, Canada, and several states in the US, have developed regulated frameworks to manage surrogacy ethically, promoting it as a safe and consensual practice between adults. These frameworks recognise surrogacy as a legitimate pathway to family building, especially for those who may be biologically unable to conceive.

The Legge Varchi not only diverges from this trend but punishes individuals who might otherwise benefit from regulated surrogacy options abroad.

Matter of fact, criminalising surrogacy fails to consider the complexities involved in modern family-building. Surrogacy often offers an option to couples, same-sex partners, and single individuals who have no other means of creating a biological family. Forcing such people to forego the possibility of surrogacy is, in many ways, a denial of their reproductive rights and the right to family life.

The law also disregards the autonomy and choices of surrogate mothers, many of whom make informed, consensual decisions to carry a child for another person. Far from being exploited, these women often engage in surrogacy arrangements that provide them with financial stability, emotional satisfaction, and a sense of purpose in helping others fulfil their dreams of parenthood.

Perhaps the most affected by the Legge Varchi are LGBTQ+ couples, who face additional barriers to family-building in Italy. With adoption also largely inaccessible to same-sex couples, surrogacy has been one of the few ways for LGBTQ+ individuals and couples to build their own families. The law’s universal ban on surrogacy, however, is a direct blow to these communities, effectively depriving them of the chance to have children. Critics see this as an insidious effort by the Italian government to enforce a heteronormative family structure that excludes and marginalises LGBTQ+ families.

The Italian LGBTQ+ advocacy group Famiglie Arcobaleno (Rainbow Families) has strongly condemned the new legislation, calling it discriminatory and exclusionary. For them and other activists, the Legge Varchi is not simply an issue of surrogacy but a broader attack on LGBTQ+ rights in Italy.

By imposing a sweeping ban on surrogacy, Italy is setting a worrying precedent for reproductive rights. The law effectively treats the desire to build a family through surrogacy as a crime, denying the diversity of family structures that exist in contemporary society. This move stands in stark contrast to Italy’s European counterparts, many of which are expanding, rather than restricting, reproductive rights.

Moreover, the Legge Varchi risks pushing Italians to pursue surrogacy in secrecy, increasing the likelihood of unsafe, unregulated practices. Those who cannot afford international surrogacy arrangements may resort to underground or unlicensed services, which could pose significant health and legal risks. Rather than preventing exploitation, the law may inadvertently create the very conditions it seeks to avoid by pushing surrogacy out of the legal, regulated sphere.

While the law’s supporters argue that surrogacy leads to exploitation, opponents suggest that regulation, rather than prohibition, is the better solution. Countries with regulated surrogacy frameworks demonstrate that ethical, consensual surrogacy agreements are possible. In these systems, the rights and welfare of all parties (the surrogate, the intended parents, and the child)are protected,

Exploitation? A surrogate mother in the US can get up to $100000,00USD compensation. Italy could learn just from countries like the US, where surrogacy is legal and regulated, with a focus on ethical practice and the autonomy of all involved. A regulated approach in Italy could really safeguard women’s rights, promote informed choice, and support those who wish to start families in an inclusive manner.

Legge Varchi has been met with significant backlash, both from Italian citizens and the international community. Activists, legal experts, and members of the LGBTQ+ community are calling for a reconsideration of the law, arguing that it infringes on fundamental human rights. Italy faces potential legal challenges within the European Union, which has long promoted human rights, personal autonomy, and equality for all.

In conclusion, the Legge Varchi represents a significant setback for reproductive rights in Italy, standing at odds with the evolving social values of inclusivity and autonomy. By criminalising surrogacy outright, Italy is sending a discouraging message about who is deemed worthy of parenthood, shutting doors to those who do not conform to traditional ideals.

The hope remains that Italy will recognise the need for progressive, regulated approaches to surrogacy, allowing individuals to make informed, autonomous choices. Reproductive rights are, ultimately, human rights and Italy, like all nations, must strive to protect these rights in all their diversity.