Italy extended its ban on surrogacy late last year, but posts are claiming that it happened recently.

Rome

Recent social media posts have claimed that Italy has just introduced a law banning same-sex couples from having children via surrogacy. However, these claims are misleading. Italy extended its ban on surrogacy for all citizens, including those seeking surrogacy abroad, late last year. The law, which has been in place domestically since 2004, now includes penalties for Italians who pursue surrogacy in countries where it is legal, such as the US or Canada.

The extension applies to both heterosexual and same-sex couples, not exclusively to LGBT individuals. Critics argue that the law disproportionately affects LGBT couples, as they face additional barriers to parenthood in Italy. Despite a recent court ruling allowing two women to register as parents on a child's birth certificate, the strict surrogacy restrictions remain unchanged.

Fact check: Has Italy just passed an anti-LGBT surrogacy law?

Has Italy passed an anti-LGBT surrogacy law? A raft of social media posts with thousands of shares, likes and views posted over recent weeks alleges that Italy has just introduced a law aimed at banning same-sex couples from having children via surrogacy. Many of the posts, such as this one, contain words like breaking to suggest that it's just happened, and others invite social media users to share their thoughts. The posts typically share generic stock photos of Italian Prime Minister Giorgia Maloney and some sort of LGBT rainbow flag with a red cross or ban sign. None of them provide any extra information or links, however, so has Italy banned LGBT people from having children through surrogacy? Well, effectively it has, but not so recently. Back in October, Italy criminalised citizens who go abroad to have children via surrogacy, which critics said was discriminatory to same-sex couples as it shut down one of the last viable paths for them to become parents. The measure extended a surrogacy ban that had already been in place in Italy since 2004, and introduced jail sentences of up to two years and fines of up to 1 million euros for any Italian seeking surrogacy in countries such as the US or Canada where it's legal. The ban and its extension apply equally to both heterosexual and same-sex couples, so it's wrong to call it a ban on LGBT surrogacy specifically, but it is in practice because critics said it disproportionately targets LGBT couples as they can't get married or adopt children either. Nevertheless, Italy's constitutional court ruled in May that two women can register as parents on a child's birth certificate, affirming that parental rights can't be limited to the biological mother. LGBTQ plus advocates celebrated the ruling as a step in the right direction, but ultimately it didn't change the surrogacy laws, with strong restrictions still in place.

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