Legislation of Italy in the field of assisted reproductive technologies is considerably conservative.
The law No. 40, from February 19, 2004 “About assisted reproductive technologies” does not only forbid surrogacy but also restricts other reproductive technologies.
In accordance with the law No. 40 “About assisted reproductive technologies” Italians have right apply methods of artificial fertilization if they provide infertility certificate. Herein third party reproduction, including surrogacy and donation, are forbidden. It is also mentioned that in case of unlawful application of these methods, donor of gametes, for example, doesn’t acquire parental rights.
Legislation of Italy stipulates imprisonment for the term from 3 months to 2 years and fine from 600 thousand to 1 million euro for the persons who in any form produce, organize and advertise donation and surrogacy on the territory of Italy, however Italian citizens aren’t forbidden to undergo these procedures abroad.It should be mentioned that in Italy an application of IVF is absolutely legal, although it’s applied only for married couples.
Moreover, the majority of reproductive programmes are paid at the cost of the government.