After the passage of the Italian law declaring surrogacy a “universal offence” for those seeking it abroad, it’s crucial to examine an often-overlooked aspect of this issue: who is behind the organization and promotion of surrogacy outside Italy?
It is widely acknowledged, including during recent parliamentary debates, that we are facing a globalized production system involving clinics, lawyers, and intermediaries. These entities actively promote surrogacy in countries where it is banned, seeking to expand their influence and profit margins. This industry operates like a procreation enterprise, treating women as mere means of production. In this framework, pregnancy and childbirth are reduced to functional processes, where the child becomes a commodity, stripping birth of much of its symbolic and social significance.
This exchange unfolds on a global scale, highlighting a troubling new international division between the wealthy and the poor, between those who commission surrogacy and those who supply it. Such a dynamic inevitably breeds inequality, resentment, and contradictions.
Given this context, one must ask: can Italy’s designation of surrogacy as a “universal offence” effectively combat this practice on a large scale? I believe that addressing a global issue necessitates a similarly global response. We should mobilize within international (e.g., UN, Hague Conference, Council of Europe) and supranational (e.g., European Union) forums to advocate for universal abolition, drawing inspiration from successful historical movements against slavery and female genital mutilation.
Looking ahead, I note that the Hague Conference’s working group will convene on November 8 and 9 to discuss amendments to international law regarding the status of children born through surrogacy. What stance will Italy take in this context? What steps is it taking to assert its firm opposition to the legalization of surrogacy?
While national action is certainly important, it must be strategic and devoid of rhetoric. For instance, we should focus on combating intermediary agencies, utilizing existing international and European frameworks to address human trafficking, as well as Law 40, which prohibits any promotion or facilitation of surrogacy.
Unfortunately, little has been done in this regard. We could establish a national center or observatory within the Italian Ministry of the Interior dedicated to combating surrogacy. This body could monitor and regulate intermediary agencies operating online, gathering information and reports from public entities, especially from Italian diplomatic and consular missions. Additionally, it should impose specific obligations on Internet Service Providers to adhere to national laws prohibiting the promotion and recruitment for surrogacy.
Francesca Marinaro
(Former senator and activist of the International Coalition for The Abolition of Surrogate Motherhood)