No, surrogacy is prohibited in Italy under Law No. 40/2004, which criminalizes both commercial and altruistic arrangements, with penalties including fines and imprisonment. The Italian Constitutional Court has upheld these restrictions, and the 2026 compliance framework reinforces enforcement via the Agenzia Italiana del Farmaco (AIFA) and local health authorities, targeting intermediaries and foreign surrogacy facilitators.
Key Regulations for Surrogacy in Italy
- Absolute Ban on Surrogacy: Law No. 40/2004, Article 12(6), criminalizes surrogacy contracts, imposing up to 3 years’ imprisonment for parents and surrogates, with fines up to €1 million for intermediaries.
- No Legal Recognition of Foreign Surrogacy: The Corte di Cassazione (2014, 2016) and Corte Costituzionale (2023) deny parental rights to children born via foreign surrogacy, mandating DNA testing and adoption proceedings.
- Enforcement by AIFA and Local Health Units: AIFA monitors fertility clinics, while ASLs (Local Health Authorities) report suspected surrogacy arrangements to judicial authorities, triggering investigations under Law No. 40/2004.
The 2026 Decreto Legislativo tightens cross-border surrogacy controls, requiring pre-approval for Italian parents pursuing surrogacy abroad, with consular offices verifying compliance. Exceptions for altruistic surrogacy remain nonexistent, and judicial rulings consistently prioritize genetic parentage over gestational ties.