Surrogacy: A Law for the Ages or Just a Legal Limbo?
Well, well, well! If it isn’t the Italian government making yet another headline-worthy move that’s got everyone talking, and not in a good way. On 16 October, with a rather impressive 84 yes votes, 58 no votes, and absolutely zero abstentions, the law on surrogacy has been given a hearty footstamp that reads: “No more in Italy, and no more abroad!” Who knew the Italian Senate had more clout than a da Vinci painting? They’ve introduced a ban on surrogacy, making it illegal even in the friendly neighbourhood countries that allow it. Someone get the popcorn, because we are in for quite a show!
The Context: The Law and Its Implications
The Minister for the Family, Eugenia Roccella, struts onto the scene waving the ‘law’ like it’s a flag of surrender. “A public official, and also the doctor, is required to report cases of suspected violation of the law on surrogacy to the Prosecutor’s Office,” she declared. So let me get this straight—if you want to have a baby via surrogacy, your doctor is going to turn you in like a 5-year-old tattling on a classmate? Talk about a trust issue! If this law doesn’t scream “dissuade me!” I don’t know what does.
But let’s not forget about the little ones caught in this web. Roccella seems adamant that there’s a shiny procedure in place to protect minors while giving biological parents’ partners a chance to be recognized as parents. Nice try, Eugenia, but I think we’ve seen enough soap operas to know that paperwork is often just… paper.
Voices from the Other Side: The Impact on Those Affected
You Wonder How It Feels?
Enter Lia, born through surrogacy, who’s probably standing on her soapbox right now, shouting, “This law discriminates against us!” One can only imagine the angst there. Big changes like this can sound good in theory but can turn into absolute chaos on the ground. Fiorella, also a product of surrogacy, barrels in claiming this legislation is “condemning other children to my judicial ordeal.” Now that’s some high-level courtroom drama for you!
Political Fiascos and Doubts
With all this running around, Senator Ivan Scalfarotto appears in the wings, waving his magic wand of reason, stating, “This Bill violates Article 3 of the Constitution.” That feels like a strong statement, doesn’t it? It’s like trying to swat a fly with a sledgehammer. If Elon Musk can do it, why can’t the average Joe? If surrogacy is a universal crime, it ought to apply to all – not just the ones without a billionaire’s tax advisors on speed dial.
Doctors and Their Dilemmas
Now, let’s talk medicine. Dr. Filippo Anelli, the president of the National Federation of Medical Orders, has cleared his throat to weigh in, suggesting that the doctor has the duty to treat. A noble stance, but one has to wonder: If your doctor is more like a cop on the beat than your confidant, how will healing follow? After all, health care shouldn’t feel like a scene from Law & Order, should it?
A Confused Line of Duty
Roccella fires back, reminding us that medical professionals also have a duty under the law. Yes, because what we need is more confusion! Couldn’t we just send everyone to a weekend seminar instead?
The Bottom Line
In this curious intersection of politics, healthcare, and morality, the Italian government has navigated its way into a convoluted relationship with those who need, want, and deserve clarification. The law stands tall and mighty with its hefty penalties for practicing surrogacy abroad, leaving many scratching their heads and wondering who exactly benefits. In true melodramatic Italian fashion, this issue is set to stir the pot and could very well lead to individuals taking legal action. Perhaps a soap opera season isn’t too far off!
So, buckle up, everyone. As if living through the last few years wasn’t enough, we’re officially in for a legal rollercoaster ride that’s sure to boomerang into the courts, newspapers, and possibly even future law classes. Popcorn anyone?
On 16 October, with 84 yes votes, 58 no votes and no abstentions, the amendment to the law on surrogacy became law. The bill, definitively approved by the Senate, introduced a ban on the practice of surrogacy not only in Italy, where it is illegal, but also abroad, in countries where the practice is legitimate.
IT FILE
Surrogacy, ten questions and ten answers: how it works and what changes with the law
By the web editorial team 17 October 2024
The Minister for the Family, Eugenia Roccella, responding to a question from Tagadà on La7, declared: «A public official, and also the doctor, is required to report cases of suspected violation of the law on surrogacy to the Prosecutor’s Office. And then we’ll see». “I hope that the application of the law will have a strongly dissuasive effect”, added Roccella, recalling that “in Italy there is a procedure that protects minors and ensures the possibility for the biological parent’s partner to be recognized as a parent”.
THE INTERVIEW
Lia, born through surrogacy: “This law discriminates against us”
Eleonora Camilli 17 October 2024
The appeal of Fiorella, born through surrogate motherhood: “Do not condemn other children to my judicial ordeal”
On the application of the law, Roccella hopes “that it will have a strongly dissuasive effect”. And «there is no retroactive effect – he explains -, this will be a law that will have effect for those who from now on want to access this practice”.
Gestation for other universal crimes, Roccella: “The doctor must also report suspicious cases to the Prosecutor’s Office”
After the modification of law 40 of 19 February 2004, Gpa (gestation for others) is punished with imprisonment from three months to two years and with a fine from 600 thousand to one million euros. The Meloni government’s move, as expected, has sparked discussion at a political level and beyond.
Surrogacy: that ban in favor of the rich
concita de gregorio 31 May 2023
«This Bill violates Article 3 of the Constitution: Gpa (Gestation for Others) is a universal crime only if Italians, Giorgia’s flock, do it, if Elon Musk does it the doors of Palazzo Chigi will be opened to him. Either it is a universal crime or it is not», Senator Ivan Scalfarotto, group leader of Italia Viva in the Senate Justice Committee, underlined in the Chamber, during the discussion of the constitutionality preliminary rulings on the Bill on surrogate motherhood as a universal crime.
Gpa, Littizzetto’s letter to Meloni: “Universal crime? Then you should put your friend Musk in jail”
In response to Minister Roccella’s statements, the president of the National Federation of Medical Orders spoke (Fnomceo) Filippo Anelli: «The doctor has the duty to treat. Let the doctor be exempted from the obligation to report to his patient this can also be deduced from the paragraph of article 365 of the Criminal Code which exempts the doctor from this obligation when the report would expose the person assisted to criminal proceedings. Therefore the doctor must not, it is true, obstruct justice but, above all, he must not carry out acts that put the treatment relationship at risk, limiting the protection of citizens’ health”.
The opinion expressed by Anelli regarding the doctor’s position with respect to the newly approved law, according to what we learn, will be published in the scientific journal British Medical Journal.
Because gestation for others and a rented uterus are not the same thing
«It seems to me that President Anelli, in commenting on my considerations on the necessary respect for the law, is confusing the plans”Roccella replies. «It is clear that treatment always has priority and that the relationship of trust between doctor and patient is not in question. But in this case, whoever commissioned the surrogate motherhood, violating the law, does not have a health problem, given that the person who gave birth and needs care is in any case the surrogate mother.”
«I also remind President Anelli that – adds Roccella – a law in force for twenty years criminally punishes in Italy not only those who practice womb renting, but also those who “organise and advertise” it. These are complex commercial organizations that involve various professions, including medical ones. But even in other cases, in which the need for healthcare is real, the issue of reporting, for example when faced with evidence of victims of violence, as in the case of sexual violence or organ trafficking, cannot be trivialised. and – he concludes – it must be treated with the right sense of responsibility”.
