While the details of a future European parenthood certificate, proposed by the Commission in December 2022 (see EUROPE 13079/9), are still under discussion (see EUROPE 13215/7), Italy has taken a controversial step on the issue of surrogacy with the approval of a bill by the Chamber of Deputies on Wednesday 26 July aimed at tightening its ban.
This decision would impose considerable fines not only on Italians involved in this type of procedure, but also on those using surrogacy services, both in Italy and abroad.
If this text is definitively adopted after validation by the Senate, Italian women concerned will risk prosecution on their return to the country.
When questioned about the matter, European Commission spokeswoman Sonya Gospodinova reminded the press on Thursday 27 July that family law falls within the competence of the Member States, while emphasising the Commission’s commitment to “protecting children’s rights”, particularly in cross-border situations, as set out in its proposal. “Parenthood must therefore be recognised in all Member States, regardless of where the parent is established”, she added.
Italy’s legislative initiative is rekindling the debate on parents’ rights, while highlighting concerns about the potential consequences for children born through surrogacy. (Original version in French by Nithya Paquiry)