In its statement on 18th October, the Network of European LGBTIQ Families Associations (NELFA) indicated that it stands in full solidarity with its Italian member association, Famiglie Arcobaleno, following the approval of the Varchi Law, which criminalises seeking surrogacy abroad.
The law extends the surrogacy ban, already in place in Italy since 2004, and imposes a jail term of up to two years and fines of up to one million euros on those traveling abroad to have a child via surrogacy. NELFA state that this law represents a severe attack on LGBTIQ families, particularly targeting gay fathers, and a glaring attempt by the far-right Italian government to undermine the rights of rainbow families while ignoring the pressing needs of all families in Italy. They say that this law disregards the best interests of the child, which is to ensure the full and effective enjoyment of all the rights recognised by the United Nations Convention on the Rights of the Child (UNCRC).
The World Health Organization (WHO) recognises gestational surrogacy as one of the Assisted Human Reproduction Techniques. Recently, the European Parliament argued that surrogacy should only be considered exploitative when it is carried out through deception, coercion, or pressure. In addition, surrogacy is already legal and regulated in many European countries, including Greece, Portugal, the UK, and most recently Ireland, and it is permitted in several others.
Nelfa is against unethical and illegal surrogacy where there is no respect for the woman carrying out the pregnancy. This is why they believe surrogacy must be regulated and not banned, stating that prohibition only amplifies illegal situations.
Read the full statement here.
