Italy’s Anti-LGBT Surrogacy Law Sparks Online Outrage—But Is It Really New?

By: Paul Goldberg, Senior Editor | JRL CHARTS – LGBT Politics Europe

ROME — (July 19, 2025) — Social media is ablaze with posts alleging that Italy has just passed a harsh new anti-LGBT surrogacy law. With siren emojis, “breaking” banners, and millions of shares, these viral claims are generating outrage—and misinformation.

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But JRL CHARTS can confirm: the law in question is not new. Here’s what really happened, who it affects, and why the LGBTQ community remains alarmed.

The Viral Rumor: “Italy Just Banned LGBT Surrogacy!”

Posts exploding across Facebook, TikTok, and X claim Italy has introduced a new law targeting same-sex couples, banning them from having children via surrogacy. Most of these lack citations, sources, or government links—but do include stock photos of Prime Minister Giorgia Meloni with red “banned” signs over pride flags.

While the outrage is real, the timing isn’t: the legislation passed back in October 2023, not this month.

The Actual Law: Criminalizing Surrogacy Abroad

Italy has banned surrogacy on its own soil since 2004, but the October 2023 legislation extended that ban to Italians who pursue surrogacy abroad—including in countries like the U.S. and Canada where it’s legal.

The punishment?

Up to two years in prison
Fines up to €1 million

While technically applying to all Italians regardless of orientation, critics say the law disproportionately targets LGBT people, especially male couples who have fewer family-building options under Italian law.

Legal Loopholes—and Limitations—for LGBT Couples

Italy still doesn’t allow same-sex marriage, which restricts LGBT couples from adopting under current Italian law. Although civil partnerships are legal, they don’t grant the same rights.

That said, there was a small victory in May 2025 when Italy’s Constitutional Court ruled that two women could both be listed as parents on a child’s birth certificate.

Quote from the ruling:
“It is unconstitutional to deprive children born through medically assisted reproduction of legal recognition by both mothers.”

Still, this does not change surrogacy laws and doesn’t extend to gay male couples, leaving a significant legal gap.

How Italy Compares to the Rest of Europe

Italy is now one of only a few EU countries that criminalize cross-border surrogacy. Others like France, Germany, and Spain ban the practice domestically, but don’t prosecute citizens for going abroad.

In contrast, countries like Portugal, Greece, and Belgium offer regulated access to surrogacy—sometimes even for same-sex couples.

The Bottom Line: The Law Isn’t New—But the Impact Is Real

While the “breaking news” framing is misleading, the reality remains harsh: Italy’s LGBT citizens are legally blocked from many family-forming avenues, especially gay men. And with steep penalties for those who try abroad, the law has chilling effects on family planning.

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