Italian legislation towards the usage of ART (Assisted Reproductive Technologies) is one of the most conservative among the European countries. According to the Law №40 from 19.02.2004 “About the Norms of Assisted Reproductive Technologies”, not just surrogacy in Italy is completely prohibited but other kinds of reproductive technologies (egg and sperm donation, embryo investigation and freezing) are strictly limited. Such negative attitude and strict limits are caused by aggressively-oriented Catholic Church which is completely against surrogacy in Italy viewing it as intolerable kind of infertility treatment.
On the basis of Law №40 “About the Norms of Assisted Reproductive Technologies”, Italian citizens can use ART only awarding the medical confinement of infertility. But, at the same time, the reproductive programs with the usage of the third side (surrogacy and egg/sperm donation) are never allowed.
Italian legislation anticipates the deprivation of liberty for 3 months-2 years and fine at the rate of 600000,00 – 1000000,00€ for those who provide, organize and advertise egg/sperm donation, surrogacy in Italy. But Italian citizens are permitted to use such services abroad.
Despite the fact that surrogacy in Italy is punished by law, using IVF as a method of infertility treatment is completely legal in the country but is applied only for officially married spouses. Furthermore, the majority of reproductive programs are provided by the government.