The Network of European LGBTIQ* Families Associations (NELFA) stands in full solidarity with its Italian member association, Famiglie Arcobaleno, following the approval of the Varchi Law, which criminalizes seeking surrogacy abroad. The law extends the surrogacy ban, already in place in Italy since 2004, and imposes a jail term of up to two years and fines of up to one million euros on those traveling abroad to have a child via surrogacy. This law represents a severe attack on LGBTIQ* families, particularly targeting gay fathers. It is a glaring attempt by the far-right Italian government to undermine the rights of rainbow families while ignoring the pressing needs of all families in Italy.
In a statement released by Famiglie Arcobaleno, Alessia Crocini, the association’s President, said: “After the contestation of birth certificates and the motions against education on diversity in schools, the right-wing crusade against civil rights and family pluralism continues. In a country with zero birth rates, the Varchi Law aims to prevent new lives from being born and unfairly shifts the blame to thousands of children and families living in our country. This is yet another ideological law that limits personal autonomy and the formation of new families, a gift to the so-called ‘pro-life’ associations and religious fanatics, supported by this government within an international network that spans from Trump to Orban, passing through Putin. We at Famiglie Arcobaleno will not stop. We will continue fighting in courts and public spaces, standing every day for the beauty and freedom of our families and children.”
This law disregards the best interests of the child, which is to ensure the full and effective enjoyment of all the rights recognized by the United Nations Convention on the Rights of the Child (UNCRC). Its primary focus should be on the holistic development of the child. Furthermore, the law creates a paternalistic narrative that treats adult women as if they were minors in need of state protection, as though they cannot make decisions for themselves. In reality, this law hides the Italian government’s true intent: to harass and threaten rainbow families. With the Varchi Law, the government is using rainbow families—especially children born through surrogacy—as scapegoats. These innocent children will be left without rights or protection from the very authorities that should be safeguarding them.
The World Health Organization (WHO) recognizes gestational surrogacy as one of the Assisted Human Reproduction Techniques. Recently, the European Parliament argued that surrogacy should only be considered exploitative when it is carried out through deception, coercion, or pressure. In addition, surrogacy is already legal and regulated in many European countries, including Greece, Portugal, the UK, and most recently Ireland, and it is permitted in several others.
Nelfa is against unethical and illegal surrogacy where there is no respect for the woman carrying out the pregnancy. This is why surrogacy must be regulated and not banned. Prohibition only amplifies illegal situations. Instead of focusing on meaningful policies that support family life, the Italian government has chosen to attack one of the most vulnerable groups in society—LGBTIQ* parents and, what is even worse, their innocent children. “The far-right claims to be defenders of family life, but their actions do nothing to truly protect or support families. The approval of the Varchi Law is just another example of how they serve empty phrases while targeting minorities and ignoring the need for real social policies that could benefit all families,” Dominique Boren, vice-president of NELFA and co-chairman of the French organization APGL.
NELFA and all its members and allies call on all parties who are truly concerned with families and children’s interests but away from political gambling, both in Italy and across Europe, to listen to the stories of real families, including rainbow families, rather than stoking fear and initiating witch hunts. Families are diverse and deserve respect, support, and policies that address their real needs—not populist distractions.