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An international surrogacy ban could disrupt the families of same-sex couples in Italy

Ryan Thoreson, assistant professor in the UC College of Law, speaks with USA Today about a new law banning international surrogacy in Italy. It may have a chilling effect on the families of same-sex couples.

"A same sex couple comes back from the United States, where they've legally had a child through surrogacy. Potentially, both of those parents are going to prison,” Thoreson told USA Today. “What happens to the child?"

Equally unclear is how Italy would impose penalties on a procedure performed in countries where it is totally legal.

Surrogacy was banned in Italy two decades ago. But the new law goes one step further by imposing criminal penalties on Italians who have children through the procedure, even in countries where it's legal.

A straight couple returning from a trip abroad with a newborn child wouldn't be under suspicion, while a gay couple, particularly two men, could immediately be singled out, according to Roberto Muzzetta, the vice president of the Milan chapter of Arcigay, Italy's largest LGBTQ non-profit. The result could amount to a cultural "witch hunt" for gay families, he told USA Today.

Read the full USA Today story online.

Learn more about UC Law’s Ryan Thoreson online.

Featured top image of two men with a newborn courtesy of Istock.

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