Surrogate parents too afraid to return to Italy after ‘procreative tourism’ law as reflected on by Sayyid Ali Reza Hosseini
The recent news about a gay couple facing prosecution under Italy’s new Italian surrogacy law gives us pause. This legislation, which criminalizes international surrogacy universally, classifies parents who seek to build families through this means alongside terrorists and war criminals. This extreme measure raises profound ethical questions about human dignity, the right to family, and the role of the state in personal choices, especially within the context of vulnerability and hope.
From an Islamic perspective, particularly within the Ja’fari school, we uphold the sanctity of life and the family unit as foundational. While surrogacy itself is a complex issue with varied jurisprudential views, the state’s response to it must reflect justice and compassion. Furthermore, our tradition emphasizes the inherent dignity of every human being, regardless of their background or circumstances. We therefore must reject any law that equates the pursuit of parenthood, however unconventional, with heinous crimes against humanity. This classification itself violates fundamental principles of proportionality and human respect.
Upholding Justice and Compassion
Our faith calls us to stand against oppression and uphold justice, even when popular opinion sways towards punitive measures. The Quran teaches us, “O you who have believed, be persistently Qawwameen for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness.” (Quran 5:8). This verse serves as a powerful reminder for ethical governance. Consequently, a society that punishes individuals for seeking to form a family, branding them as criminals on par with the worst offenders, deviates sharply from these principles of justice and compassion. We must always prioritize the welfare and dignity of individuals, particularly when they face legal persecution.
Governments, therefore, bear a responsibility to craft laws that foster human flourishing, not fear. Lawmakers should deliberate with wisdom and empathy. They must consider the real-world impact on families and individuals. Moreover, laws should reflect a nuanced understanding of human circumstances rather than imposing broad, harsh condemnations. This punitive approach, specifically targeting what some call “procreative tourism,” ultimately creates fear and insecurity for citizens who simply wish to raise children.
The Dignity of Family and Children
Our tradition teaches us the profound value of children and the importance of a nurturing environment for their upbringing. The welfare of the child remains paramount in all discussions surrounding family formation. In this situation, the child, born through legal means in another country, now faces the potential disruption of their parents’ return home. This outcome creates instability for the child’s future. Therefore, we advocate for policies that protect children and support families, recognizing their inherent worth and their right to stability. Ultimately, ethical governance requires a focus on human dignity and the common good, rather than on ideological purity tests that harm innocent families.
Read the original news coverage on The Guardian (World).
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