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Reading: Fact check: Has Italy just passed an anti-LGBT surrogacy law?
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Global Newsphere > International > Fact check: Has Italy just passed an anti-LGBT surrogacy law?
Fact check: Has Italy just passed an anti-LGBT surrogacy law?
International

Fact check: Has Italy just passed an anti-LGBT surrogacy law?

July 17, 2025 3 Min Read
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It’s published
17/07/2025-7: 45 GMT+2

Several social media posts shared over the past few weeks — which have won millions of viewers and thousands of likes and stocks — allegedly have just introduced a law aimed at banning children through surrogacy.

Many of the posts include words like “destruction” and siren emojis, suggesting that the measure has just been introduced, while others share whether they support it with social media users and encourage anti-LGBT responses.

The posts usually share a general stock photo of Italian Prime Minister Giorgia Meloni with some sort of LGBT rainbow flag with a Red Cross or “banned” sign.

However, there are no posts that provide additional information or links to articles or government announcements. This is the first clue that not everything is.

Italy effectively prohibits LGBT people from having children through surrogacy, but not recently. The country has been criminalized Citizens go abroad to have children through surrogacy. Critics argued that this was discriminatory as it closed one of the last viable paths for same-sex couples to become parents.

The measure extended the surrogacy ban, which had already been in place in Italy since 2004. This banned practices in Italian soils, introducing up to 1 million euros for Italians seeking surrogacy in legal countries and Canada and other countries.

It is wrong to call it a prohibition of LGBT surrogacy, as the prohibition and its extension apply equally to both heterosexual and same-sex couples. However, critics argue that it is actually discriminatory because it disproportionately targets LGBT couples.

Italian adoption laws generally allow only married couples to adopt, and the country is excluded by default as it allows same-sex couples to participate in civil partnerships.

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Nevertheless, the Italian Constitutional Court It was ruled in May It is possible to confirm that two women can register as parents on their child’s birth certificate and that parental rights cannot be limited to biological mothers.

The court held that it was unconstitutional for the urban registrar to take away a child born to same-sex parents, recognized by both women who agreed to a biological mother and partner’s medically supported pregnancy and assumed parental responsibility.

LGBT advocates celebrated the verdict as a step in the right direction. But in the end, they have not changed surrogacy laws, and strong restrictions are still in place, and of course they do not cover male same-sex couples.

Italy is one of the only European Union countries that ban surrogacy overseas, but many others ban home practices, including France, Germany and Spain.

Conversely, there are regulations in Portugal, Greece, Belgium, and other countries.

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