Wanted: Uterus

Funny, it seemed that Europe was way ahead of the international community in terms of LGBTQ rights.  But then, it turns out that not all countries within Europe have the same perspectives when it comes to same-sex couples and parenting.

Take Italy, for example.  A gay couple wanting a child of their own wouldn’t be able to employ surrogate motherhood within its borders, and so the couple will have to travel to other countries, like Canada and the US, where contracting with mothers is legal.  Plenty of clinics in North America will hook up the couple with potential mothers, screened as to IQ, diseases, educational background, etc.  For a hefty price, of course.

Once born, though, the couple will naturally bring the child home to Italy, where they will face more hurdles, such as finding themselves in a legal limbo, being ostracized and discrimination. But that’s another story.  Meanwhile, the couple has the child - which is a great start.

This particular loophole may close soon, however.  A bill pending in Italy will make surrogate arrangements implemented abroad illegal, and once the Italian couple comes home, they can be prosecuted for a “crime,” even if the crime was committed abroad.  “Extraterritorial application”, as it is referred to in criminal law.

This same principle of extraterritoriality is what allows the Philippines, for example, to tax Filipinos wherever their income is earned, whether within the country or abroad.  It’s the same principle which allows Singapore to administer a surprise drug test when Singaporeans come home from Bangkok. (Now that Thailand has liberalized marijuana use, and tourists can freely purchase joints in dispensaries, the Singaporeans find that they still can’t light up, or else it’s prosecution once they get home.  A bit of restraint in pleasure-seeking is then called for.)

Italian gay couples are up in arms. The bill would classify surrogacy as a “universal crime,” which would “elevate” the offense into the same category as pedophilia or human trafficking.  And natch, they are appalled at the idea of being treated the same as pedophiles.

Such is the climate in Italy, where Prime Minister Meloni believes that only a male/female couple can become parents, and Deputy Prime Minister Salvini believes a surrogate mother is only a uterus for hire - the uterus, an ATM cash dispenser.  Their attitude is that to eradicate the practice, they have to punish the perpetrators. But what about the innocent children?

The kids end up becoming the unintended victims in this ideological struggle between a homophobic government, and gay parents.  Set aside the possibility that their parents can go to jail (and thereby be absent during part of their formative years), there are still many ways that surrogate babies will feel the impact of criminalization.

There is the obvious lack of papers to help get them in the system.  Birth certificates and passports, which they need to access social services.  How do they enter schools? And who makes medical decisions for them?  Will they ever be able to leave the country, and expect to be allowed to come back?

Here in our country, there are still many questions surrounding surrogacy.  Despite us seeing many instances of celebrities birthing adorable tots with distinctly Caucasian characteristics, we smile indulgently at the offspring and give nary a thought to the legalities behind it.  Senator Manny Villar apparently did try to outlaw it, but that came to naught.  And so we see more couples, and yes, single people, turning to fertility and surrogacy clinics to achieve their baby dreams.

Good thing our Constitution vests citizenship upon children of Filipinos, whether they be the mother or the father.  So all one needs, like a businessman friend who hired a surrogate mom in New York to carry his baby to term, is to prove his citizenship, and his daughter can be (and was) processed a passport by the Consulate.

Will this liberal state of affairs continue?  Will we, in fact, become more liberal by legalizing this practice and allowing any person to become the parent they dream of becoming?  Will we allow women to hire their bodies out for the gestational duration? Or will we go the way of right-wing countries, where kids become collateral damage?