10 Apr surrogacy and punishment of the crime

Consumption abroad, not just pregnancy, but also the preparatory activities for carrying out a surrogacy entail the impossibility of prosecution in Italy. This was stated by the Supreme Court, clarifying the scope of the surrogacy ban, established by art. 12, co. 6, L. 40/2004, which punishes anyone, in any form, realizes, organizes or advertises the marketing of gametes or embryos or the subrogation of maternity '. For the Supreme Court, in essence, Italian jurisdiction is excluded if specific and necessary activities are not carried out in the national territory to carry out the crime. In the specific case examined, the only activity carried out in the national territory was the exchange of emails with the Ukrainian clinic where the surrogacy was then performed (Cass. 5198/21).