On Wednesday, October 16, Italy passed Europe’s strictest anti-surrogacy ban, extending it even to parents who seek it abroad. The measure has been slammed by opponents and activists as disproportionately impacting LGBTQ+ parents.

Following a seven-hour debate, Italy’s Senate passed the bill 84-58 in the final step to making it into law. The law extends an already existing ban on surrogacy in Italy to also include those who seek the practice abroad, in countries where it is safe and legal, like the US or Canada.

Those who seek to have a child through surrogacy abroad will face up to two years in prison and up to €1 million in fines. Moreover, the amended law now classifies surrogacy as a “universal crime” that transcends borders, like terrorism, genocide and paedophilia.

Critics have denounced the move as impractical and unconstitutional. Left-wing MP Riccardo Magi said it was a “black day” for “parliament… for rights and for freedoms”.

“The right has made it illegal for Italian citizens to use surrogacy even in those countries where (it) is perfectly legal, regulated and safe,” he commented on social media. Adding that the law “equates childbirth and parenthood with ‘universal crimes’ such as paedophilia and genocide”, he said that the opposition would “fight” the law and challenge it in the Constitutional Court.

While the ban includes heterosexual couples, activists in Italy have denounced how it will disproportionately impact LGBTQ+ parents, who will face questions when returning with a child from abroad. Speaking to The Washington Post, director of LGBTQ+ organisation Rainbow Families, Alessia Crocini, said: “The people who can’t hide this are gay couples … this is about [targeting] gay fathers.”

The law was championed by the far-right Brothers of Italy party of Prime Minister Giorgia Meloni, who described herself as a “Christian mother” and won the elections on a campaign based on opposition to LGBTQ+ rights and protection of so-called “traditional values”.

Meloni had previously spoken out against surrogacy when LGBTQ+ couples are involved, calling it “a symbol of an abominable society that confuses desire with rights and replaces God with money”. Her government has also already taken aims at LGBTQ+ parents, instructing councils in Italy to stop registering the birth certificates of children of same-sex parents.