Report on Italian Surrogacy Legislation and its Implications for Sustainable Development Goals

Legislative Framework and Impact on SDG 10: Reduced Inequalities

Recent legislative actions in Italy have intensified the legal restrictions surrounding surrogacy, creating significant challenges to the achievement of Sustainable Development Goal 10 (Reduced Inequalities). An existing 2004 law banning surrogacy within Italy has been extended to criminalize the act of seeking surrogacy services abroad.

• The extended ban applies to all Italian citizens, irrespective of sexual orientation.
• Penalties for violating the law include prison sentences of up to two years and fines reaching €1 million.
• While the law is universal in its application, its practical effect disproportionately impacts same-sex couples, for whom surrogacy is often one of the few available paths to parenthood.
• This legislative environment exacerbates inequalities by limiting family formation options for LGBTQ+ individuals, directly contradicting the principles of SDG 10, which calls for the social, economic, and political inclusion of all.

Challenges to SDG 5 (Gender Equality) and SDG 16 (Peace, Justice and Strong Institutions)

The legal landscape in Italy concerning parental rights presents a complex picture when assessed against SDG 5 (Gender Equality) and SDG 16 (Peace, Justice and Strong Institutions). The nation’s legal institutions have produced outcomes that are both progressive and restrictive, highlighting an inconsistent approach to ensuring equal rights and access to justice.

1. Systemic Barriers in Adoption Law: Italian adoption law primarily permits married couples to adopt. Since the country only recognizes civil partnerships for same-sex couples, they are effectively excluded from this process. This institutional barrier undermines SDG 16’s objective of building inclusive institutions and ensuring equal access to justice for all.
2. Discriminatory Impact on Family Rights: The combination of the surrogacy ban and restrictive adoption laws creates a discriminatory framework that particularly targets LGBTQ+ couples. This runs counter to the aims of SDG 5, which seeks to end all forms of discrimination against all women and girls, and by extension, protect the rights of all individuals regardless of gender identity or sexual orientation.
3. A Progressive Court Ruling: In a notable development, Italy’s Constitutional Court ruled that two women can be legally registered as parents on a child’s birth certificate. The ruling affirmed that parental rights cannot be limited to a biological connection alone. This decision represents a positive step toward recognizing diverse family structures, aligning with the principles of SDG 5 and SDG 16. However, this ruling does not amend the surrogacy laws and does not apply to male same-sex couples, indicating that significant legal inequalities persist.

Comparative European Context

Italy’s position on surrogacy is one of the most restrictive within the European Union, placing it in a group of nations whose laws present obstacles to achieving the SDGs related to equality and inclusion. The approach to surrogacy varies widely across the continent.

• Countries with domestic surrogacy bans include: France, Germany, and Spain.
• Countries with legal provisions for surrogacy include: Portugal, Greece, and Belgium.

Italy’s decision to criminalize surrogacy abroad distinguishes it from many of its European counterparts and signals a divergence from the broader goal of ensuring non-discriminatory legal frameworks as promoted by the Sustainable Development Goals.

SDGs Addressed in the Article

SDG 10: Reduced Inequalities

• The article focuses on a law that, while applicable to all couples, is described by critics as disproportionately targeting and discriminating against LGBT couples. This relates directly to reducing inequalities based on “other status,” which includes sexual orientation. The text highlights how the law shuts down “one of the last viable paths for them [same-sex couples] to become parents,” thus creating an inequality of outcome.

SDG 16: Peace, Justice and Strong Institutions

• The core issue is a piece of national legislation—the criminalization of surrogacy abroad—and its enforcement. The article discusses the law itself, its extension, and a Constitutional Court ruling. This connects to the promotion of the rule of law and the need for non-discriminatory laws and policies, which are fundamental to strong and just institutions.

SDG 5: Gender Equality

• While the primary focus is on sexual orientation, gender equality is also relevant. The article discusses family structures and parental rights, mentioning a court ruling that allows “two women can register as parents on a child’s birth certificate.” This addresses discrimination against women in same-sex relationships but also notes the law does not cover male same-sex couples, highlighting complexities in equality related to gender and family law.

Specific Targets Identified

1. Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices.

   • The article is centered on Italy’s law criminalizing surrogacy abroad. Critics argue this law is “discriminatory in practice as it disproportionately targets LGBT couples.” The discussion revolves around a legal practice that creates unequal opportunities for same-sex couples to become parents compared to heterosexual couples.

2. Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.

   • This target is directly addressed through the debate over the surrogacy ban. The article explains that while the law applies to everyone, its practical effect is discriminatory. The existence and enforcement of this law are central to the article’s narrative, making it a clear example of a policy whose non-discriminatory nature is being questioned.

3. Target 5.c: Adopt and strengthen sound policies and non-discriminatory legislation for the promotion of gender equality.

   • The article touches upon this by discussing Italy’s legal framework for parenthood. The fact that Italy’s adoption law “only allows married couples to adopt” and the country only permits “same-sex couples to enter into civil partnerships” demonstrates a legislative framework that does not provide equal rights. The recent court ruling affirming parental rights for two mothers is a development related to this target, though the broader surrogacy ban remains.

Indicators for Measuring Progress

1. Existence of laws and policies that are discriminatory in practice based on sexual orientation.

   • The article explicitly mentions the law that “criminalised citizens who go abroad to have children via surrogacy” and the pre-existing ban on the practice “on Italian soil since 2004.” It also points to the adoption law that “only allows married couples to adopt,” effectively excluding same-sex couples. The presence of these laws serves as a direct indicator of legal discrimination.

2. Legal frameworks ensuring equal rights to legal parentage, regardless of sexual orientation.

   • This is implied through the discussion of legal challenges and rulings. The article notes the Constitutional Court ruling that “two women can register as parents on a child’s birth certificate” as a positive step. However, it also states this “does not cover male same-sex couples,” indicating an incomplete legal framework for equal parental rights. Progress could be measured by the scope and inclusivity of such legal recognitions.

3. Proportion of the population reporting discrimination based on sexual orientation.

   • While no statistics are provided, the article implies a climate of discrimination by mentioning that social media posts about the law prompted a “slew of anti-LGBT responses.” The arguments from critics that the law is discriminatory also point to a perception of inequality within the affected community.

Summary of Findings

Source: euronews.com