What is the legal context for surrogacy in Italy, at a high level?
Status as of [date], reviewed by counsel.
This page is for Italian citizens who are asking whether a gestational surrogacy journey in the United States is open to them. It does not advise you whether to proceed. It explains what a US journey with Private Label Surrogacy (PLS) involves, and it asks every Italian family to consult an Italian attorney before signing anything, with any agency.
Italy has prohibited surrogacy since 2004, under Law 40/2004. Among PLS's European clients, Italian intended parents face the most restrictive home-country context.
Every statement on this page about Italian law is a high-level summary, approved by counsel and dated at the top. If the date is old, ask PLS for the current status before you read further. PLS does not advise on Italian law, including Italian criminal law. Only an Italian attorney can.
What changed in 2024 for Italians pursuing surrogacy abroad?
A law passed in 2024 extended Italy's surrogacy prohibition to Italian citizens who pursue surrogacy abroad.
How that law applies to a particular family, including Italian citizens who live permanently in another country, is a question for Italian counsel. This page draws no conclusion.
The status log below records each legal development PLS tracks for Italian families, what it means for families already in a journey, and the initials of the attorney who reviewed it.
| Date | Legal development | What it means for families in progress | Reviewed by |
|---|---|---|---|
| 2004 | Law 40/2004 prohibits surrogacy in Italy | Surrogacy is not available within Italy | [initials] |
| 2024 | New law extends the prohibition to Italian citizens who pursue surrogacy abroad | Families must take Italian legal advice before any step; PLS draws no conclusion | [initials] |
| August 6, 2026 | US federal executive order on citizenship for children born through compensated surrogacy to two non-citizen parents; under litigation | May affect the child's US passport; US counsel advises | [initials] |
| [date] | [next review of this page] | [summary] | [initials] |
The US executive order is explained on the executive order page.
What does PLS require from Italian intended parents before signing?
PLS will only accept Italian intended parents who confirm in writing that they have obtained independent legal advice in Italy, and who acknowledge this status page. PLS does not advise on Italian criminal law.
What that means in practice:
- Independent advice first. You choose your own Italian attorney, independent of PLS, and the advice is yours alone.
- Written confirmation. Before the PLS agreement is signed, you confirm that you have taken that advice.
- Acknowledgment of the status date. You confirm that you have read the status on this page as of the date shown, and that you understand the law may change during an 18 to 24 month journey.
If you are still deciding whether to speak to an attorney, start with a question to SurrogacyHotline.com, PLS's free expert Q&A site, which answers within 24 to 48 hours. It cannot give you Italian legal advice either, but it can explain how a US journey works.
How does a US journey work, step by step?
This is the same process every PLS family follows, wherever they live. Nothing on this list implies that it is appropriate for you.
- Consultation. A first conversation with PLS about your clinic, your embryos and your budget.
- Signing and the program fee. The PLS program fee is paid in three parts: at signing, at surrogate acceptance and at medical clearance. Program fee: confirm current schedule.
- Matching. Nancy Block, RN, runs matching personally. Today it takes about 9 months from signing to meeting a surrogate; PLS's target is 6 months or fewer.
- Medical review. Mark Silverberg, DDS, MD, reads the surrogate's prenatal and delivery records and writes a physician medical summary for your clinic. The clinic screens her.
- Legal and escrow. Your attorney and the surrogate's own attorney draft the agreement. You fund independent escrow: $10,000 at match and the balance before medications. This stage takes 1 to 2 months.
- Medical cycle and transfer. The surrogate's medical cycle takes 2 to 3 months. The pregnancy test comes 9 to 11 days after transfer.
- Pregnancy. A PLS case manager, Natalie Gaudio-Fricano or Jenni Symons, carries the match. Julie Bendix, MPH, RD, gives the surrogate at least six nutrition consults.
- Birth and departure. US parentage, the birth certificate, travel documents and the trip home. See leaving the US with your baby.
The whole journey typically takes 18 to 24 months and costs $150,000 to $200,000, paid in US dollars.
How has recognition of children born abroad been handled in Italian courts?
[Summary of how Italian courts have handled recognition of children born through surrogacy abroad: to be written and approved by Italian counsel.]
PLS does not publish a summary of Italian case law until Italian counsel has written and approved it. Ask your Italian attorney how courts have treated children born abroad, how that has changed since 2024, and how it would apply to your family.
How are funds paid and protected?
Every dollar for the surrogate and third-party services goes to an independent licensed escrow agent, not to PLS.
- $10,000 into escrow at match, then the balance before medications start.
- Third-party costs of $15,300 to $29,000, paid from escrow: both attorneys, escrow administration, the psychological evaluation, background checks, insurance review, surrogate travel and local monitoring.
- Clinic and IVF fees, paid directly to your clinic.
- The PLS program fee, paid to PLS.
You may choose your own escrow company. The escrow agent pays the surrogate and vendors on the schedule in the agreement and sends you a ledger of every disbursement. The euro-to-dollar rate is your risk. PLS has used independent escrow since 2017. See currency and escrow.
How does PLS support Italian-speaking parents?
[Italian-language interpreter coverage: confirm with Jan.]
Jan Telman Berman, PLS's Global Surrogacy Coordinator, has managed national and international cycles for more than 18 years and is your contact from signing to departure. Calls are booked for hours that work in Italy. But the most important support for an Italian family is not something PLS provides: it is your own attorney's advice, taken first.
Sources
- Private Label Surrogacy program terms: escrow funding schedule, timeline and cost ranges.
- Italian Law 40/2004 and the 2024 amendment, summarized at a high level. Pending review by Italian counsel.
- Federal executive order of August 6, 2026, on citizenship for children born through compensated surrogacy. Under litigation; pending review by counsel.
- SurrogacyHotline.com, free expert Q&A operated by PLS.