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SURROGACY

Progetto senza titolo (2)

With the Law No 169 of 4 November 2024 entering into force on December 3rd, 2024, the crime of surrogacy committed by an Italian citizen even abroad can be prosecuted and punished in accordance with Italian law, regardless of whether said practice is allowed in the foreign country where it occurred. Surrogacy is a crime punishable pursuant to article 12 paragraph 6 of the Law No 40 of 19 February 2004, which already provided sanctions for the crime when committed on Italian national territory.

Please note, therefore, that in compliance with article 38 paragraph 1 of the Legislative Decree No 71 of 3 February 2011, any consular authority receiving the birth certificate of a child that is, or can be presumed to be, born via surrogacy will be required to inform the competent Italian judicial authority of the presumed accompanying crime when sending the aforementioned birth certificate to the Italian Comune (municipality) of reference.