Surrogacy is a legal practice in some countries, including the United Kingdom, but it is prohibited in Italy under Law No. 40 of 19 February 2004.
This law has recently been amended to include, under Article 12, paragraph 6, that the penalties for violations apply also to actions carried out by Italian citizens if committed abroad too.
In cases where this Consulate is requested to forward to an Italian Municipality the birth certificate of a child born through surrogacy, the Consulate is required to proceed with the registration request, while also communicating the specific circumstances of the birth. At the same time, it is obliged to report the suspected offense to the competent Public Prosecutor’s Office.
Interested parties are therefore advised to consider the potential consequences of violating Italian law.