How Italy’s War on Same Sex Surrogacy Rights Affects Gay Men and Lesbian Couples Differently

Italy is currently involved in a legal struggle over same-sex parenting that is affected by legislation that criminalizes international surrogacy. This law expands Italy’s long-standing domestic ban on surrogacy, which punishes citizens even if they pursue surrogacy abroad in countries where the practice is legal. 

Recent headlines often reduce this complex struggle to a simple “ban.” In reality, it is a deliberate strategy of legal restrictions and administrative obstacles that are designed to enforce a singular picture of the “traditional” family. These measures directly impact same-sex couples, stripping them of security and dignity. The penalties are severe; and can include up to two years in prison and fines upward or equal to one million euros. 

The burden falls most heavily on gay male couples, for whom surrogacy is often the only path to biological parenthood. Italy outlawed domestic surrogacy in 2004, but the government has since escalated the restriction by criminalizing surrogacy services abroad. By classifying international surrogacy as a “universal crime” (a category typically reserved for atrocities such as genocide), the government has signaled its intent to stigmatize and punish same-sex families at the highest possible level. 

Lesbian couples face similar barriers as well. Many rely on assisted reproductive technologies (ART), such as in vitro fertilization (IVF), to start families. Italian law restricts domestic IVF to only heterosexual couples, forcing lesbian couples to seek treatment abroad. Even then, recognition of this family dynamic in Italy is delicate. For years, sympathetic local officials would list both mothers on a child’s birth certificate, granting legal status to the non-biological or the “intentional” parent. Without this recognition, only the biological mother is legally acknowledged, leaving the second parent without rights to consent to medical care, enroll the child in school, or even pick them up without complex and tedious documentation. 

This small level of protection was erased in 2023, when the Ministry of the Interior ordered registrars to stop recognizing non-biological mothers. The directive effectively removed the second, or “intentional” parent from birth certificates, forcing families into a level of insecurity. To regain legal status, the non-biological mother must undergo stepchild adoption, a process that can take years and leaves children in a constant state of vulnerability.

In 2025, the Italian Constitutional Court intervened with a landmark ruling. The court declared that denying automatic recognition to the non-biological mother in cases where a child was conceived through IVF abroad violated the child’s fundamental right to a secure legal identity. The ruling mandated that both mothers be listed on birth certificates, offering lesbian couples a measure of protection and simplifying some legal processes. 

This victory, though small, still leaves a portion of the queer community at bay. Gay male couples remain criminalized for pursuing parenthood abroad, while lesbian couples must rely on judicial intervention to secure recognition at home.

Italy’s laws don’t just block same-sex parenthood in one way; it affects members of the community across the board. Through criminal charges, government orders, and political messaging, the system forces LGBTQ+ parents to keep going back to court just to protect their children. 

This fight shows how Italy’s legal system is full of contradictions. On one hand, the Constitutional Court’s 2025 ruling gave lesbian couples some hope by recognizing both mothers. On the other hand, the government still treats surrogacy as a serious crime and refuses to recognize non-biological parents. 

The problem isn’t just a simple ban. It’s a deliberate effort to push a “traditional” idea of family while denying equal rights to other family dynamics. Moving forward, the safety of LGBTQ+ families in Italy will depend on continued activism, strong court decisions, and international pressure to make sure every child has a secure legal identity, no matter who their parents are or how they were born.