Italy’s new cross-border surrogacy ban is typical of the way democratic nations are adopting authoritarian measures to target citizens who travel abroad to circumvent restrictions at home. The new law targets LGBTQ+ families in particular. Janina Heaphy argues that Italy's actions reflect a global trend of transnational restrictions on personal freedoms and human rights
In October 2024, Italy passed a law that makes it illegal for Italian citizens to travel abroad for surrogacy purposes. This represents a significant expansion of Prime Minister Giorgia Meloni's already restrictive policies on family and reproductive rights. The government is implementing the ban under the guise of upholding fundamental values and protecting women against abuse and exploitation. Indeed, it redefines surrogacy as a grave universal crime, like terrorism and genocide, which transcends borders.
Italy has extended its existing domestic ban on surrogacy to citizens who seek or facilitate surrogacy internationally. Those convicted face fines of up to €1m and a maximum of two years' imprisonment. Even if the surrogacy process is completely legal in the country in which it takes place, the same charges apply.
The new law redefines surrogacy as a grave universal crime, like terrorism and genocide, that transcends borders
LGBTQ+ couples represent only a minority of those who seek surrogacy. However, the law threatens to target gay fathers in particular, who are more likely to be identified by vigilantes, and reported to the authorities. Attempts by parents to avoid criminal prosecution could deter them from registering children born to surrogates. Those children would then be denied access to education, healthcare, and other social benefits. The new law joins a long list of reproductive restrictions for LGBTQ+ couples in Italy, who are already barred from domestic and international adoption, artificial insemination, and IVF.
A growing number of other European countries are implementing surrogacy bans. But Italy’s new law is stricter than those of its neighbours, and is compounded by parallel efforts to limit the rights of LGBTQ+ families. This aligns with Meloni’s socially conservative platform and echoes a broader pattern in Italian politics. Meloni's narrative often prioritises traditional family values over individual freedoms and rights for marginalised groups. It also reflects the political climate fostered by the ruling party, Fratelli d’Italia. The party has been vocal in its opposition to progressive social policies and seeks to appeal to a conservative base that favours tougher regulations on non-traditional family structures.
This transnational restriction tactic, as manifested in Italy’s new surrogacy law, represents an emerging trend. Democratic governments are using authoritarian measures to exert control beyond their borders. This is not just about reinforcing state authority within national boundaries; it is part of a broader tendency. Even supposedly democratic governments are extending their repressive reach to guard against perceived threats from marginalised groups abroad.
In an emerging trend, governments are extending their repressive reach to guard against perceived threats from marginalised groups abroad
This authoritarian trend is especially likely in countries where traditional conservative values clash with evolving social norms. Other governments, too, are seeking to monitor, penalise, or otherwise control their citizens' actions on foreign soil. Ostensibly, governments are intervening to protect societal values. For marginalised groups, however, such interventions lead to increased scrutiny, and prevent them enjoying their human rights without fear of legal repercussion.
Historically, transnational repression has tended to target political dissidents or opposition figures, often through surveillance or punitive measures that deter anti-government activity. Italy’s laws now extend across borders to restrict LGBTQ+ rights, highlighting a growing focus on social morality and identity. Similar movements have arisen in the US, where advocacy groups have expanded their influence globally. Such groups now promote anti-LGBTQ+ policies in Uganda and oppose reproductive rights in international forums. Poland, too, has adopted a highly restrictive stance on abortion, threatening to prosecute those who travel abroad for the procedure.
By criminalising surrogacy for LGBTQ+ parents, Italy is not just reinforcing its conservative agenda at home. It is also sending a clear message to its citizens about the limits of personal freedom beyond Italian borders. This law’s transnational reach marks a worrying step towards the moralisation of autocratic practices within supposedly democratic states.
By criminalising actions like surrogacy for LGBTQ+ parents, Italy is sending a message to its citizens about the limits of their personal freedom and human rights
How far are so-called democracies prepared to go to control their citizens’ choices abroad? Italy's latest move is a stark reminder that the boundaries of freedom are shifting – and not always for the better.
