An Italian couple say they’re now too scared to return home after having a baby through surrogacy in the US.
Their fear? They could be among the first Italians to be prosecuted under a strict new law introduced by Italy’s Prime Minister, Giorgia Meloni.
The couple, who are gay, had their baby boy in San Diego, California, in mid-February.
Now, they’re unsure if they can ever bring him back to Italy.
Their lawyer, Gianni Baldini, said: “They are very worried about returning to Italy because there’s the prospect of jail and fines.”
Italy’s Harsh Law Could Jail Parents for ‘Procreative Tourism’
Earlier this year, the Italian government passed what’s being called the strictest anti-surrogacy law in the Western world.
It officially criminalises any form of surrogacy, even if it happens legally in another country.
That means Italian citizens can be prosecuted even if everything was done completely legally abroad.
Punishments include:
- Up to two years in prison
- Fines between €600,000 and €1 million (£500,000 to £840,000)
Yes — that’s the same category as terrorists, paedophiles and war criminals under Italian law.
Meloni has repeatedly called surrogacy “an inhumane practice”, and said the ban was needed to stop “procreative tourism”.
Most Italian Couples Who Use Surrogacy Aren’t Even Gay
Before the ban, around 250 Italian couples a year travelled abroad for surrogacy.
Most were straight couples, often dealing with fertility problems or medical complications.
Surrogacy is legal in 66 countries, and most Italians used the US or Canada, where children get automatic citizenship.
In places like California, surrogacy is tightly regulated, and intended parents are recognised on the birth certificate.
Baldini said: “Italy can’t argue that surrogates in California are being exploited because in California it is perfectly legal.”
Legal Chaos: The Child Was Conceived Before the Ban, But Born After
The couple’s situation is especially tricky.
The pregnancy began before the law came into effect — but the baby was born after.
That means the government could still prosecute them if they return to Italy.
The law is not retroactive, but legal experts warn that parents could still face charges based on the birth, not the conception.
Their lawyer says they might stay in the US, where they both work for a multinational firm.
But even that isn’t stress-free — especially with concerns about Donald Trump’s stance on LGBTQ+ families and his push to limit birthright citizenship.
Couple Might Never Return — But Their Case Could Change the Law
Their lawyer says if prosecuted, he would fight the case in Italy’s highest court.
He argues the law is unconstitutional, because it violates the principle of double jeopardy.
In simple terms: you can’t be criminalised in Italy for something that was legal in the country where it happened.
But the couple don’t want to go through a long, public legal fight.
Baldini said: “They want to protect their child and don’t want their situation to become a cinema-style story.”
The case may become a major legal moment in Italy — and could define the future of surrogacy, family rights and LGBTQ+ protections.
Featured image credit: Ludovic Bertron
