Italy surrogacy ban: Couples banned from travelling abroad to seek surrogate
www.bbc.com
The move is seen by critics to target LGBT couples, who are not allowed to adopt or use IVF in the country.

The move extends a ban on the practice inside the country to also include those who seek it out in places where it is legal, like the US or Canada. Those who break the law could face up to two years in prison and fines of up to €1m (£835,710).

The law, proposed by the Italy’s far-right governing party, is seen by critics to target LGBT couples - who are not allowed to adopt or use IVF in the country.

Surrogacy is when a woman carries a pregnancy for another couple or individual, usually due to fertility issues or because they are men in a same-sex relationship.

The law passed by 84 votes to 58 in Italy’s senate on Wednesday.

  • dawEnglish
    151·
    2 months ago

    I can in no way imagine that this is legal in the EU, Schengen and everything. I mean if a Dutch person would go to Germany and drink a beer a 16 the Netherlands cannot prosecute that I think, same with a person from Germany participating in weed consumption in the Netherlands (when Germany still criminalized)

    If it is legal it shouldn’t be.

    • barsoap@lemm.eeEnglish
      14·
      2 months ago

      Commercial surrogacy is only legal in Belgium, Ireland, and Zyprus within the EU.

      If you’re e.g. German couple and sign a contract with a Belgian woman in Belgium then Germany is going to say “Yep that kid is obviously not yours, also, Belgian”, irrespective of Belgium saying “wait no it’s German”. Germany doesn’t care, Belgian law is Belgium’s problem they brought it on themselves.

      States absolutely can and do prosecute things that people are doing in other states, the broader concept is called universal jurisdiction. In Germany’s case that’s: a) Some stuff that Germans do and aren’t punished (legally or practically) abroad, that doesn’t include underage drinking but it does e.g. include child sexual abuse and bribing officials, b) Some stuff that foreign citizens do that affect Germans, e.g. if a German gets murdered abroad by a non-German the authorities here will open a case, and c) Some stuff anyone doing anywhere to anyone, like war crimes and genocide.

      I don’t think surrogacy should be on that list as simply not recognising the purported mother/child relation is sufficient but it’s not like the basic concept of punishing your people for things they do elsewhere is unheard of.