Even if the natural mother offers herself free of charge to conceive and give birth to a child for others, however, he risks up to three years in prison
by Maurizio Tortorella
A rented uterus is not permitted in Italy. On the contrary, it remains a crime even if the "natural" mother does not charge anything for her services.
This has just been established by the sixth criminal section of the Court of Cassation (with sentence no. 2173, filed last 17 January), condemning a couple and also the natural mother for the rcrime of "entrustment of a minor to third parties", in violation of the article 71 of the law 184/1983, entitled "Discipline of the adoption and custody of minors".
At the center of the appeal to the Supreme Court was a sentence with which the Court of Appeal of Naples had confirmed the first degree conviction of the three defendants, because cthey had “participated in an agreement with which a gynecologist, for a sum of money, agreed at 30 thousand euros” he had promised a couple custody of a newborn baby born to another woman, with the agreement to also falsify the child's personal data in order to make it appear as the couple's natural child.
One of the appeals to the Supreme Court was presented by the natural mother, who asked for his conviction to be quashed as he claimed to not having participated in the false adoption and not having received anything as compensation. In short, the woman had volunteered exclusively to conceive and give birth to the couple's child.
The sixth criminal section rejected all the woman's hypotheses, recalled that the type of crime (punished for accuracy by the article 71 of the law on adoptions) “does not require, for the one who entrusts the minor, the provision of an economic compensation as consideration for the delivery of the minor“.
The judges added: “The article 71, comma 1, of the law 184/1983 punishes with lto imprisonment from one to three years, whoever, in violation of the laws regarding adoption, entrusts a minor to a third party with a definitive character, or sends it abroad so that it can be definitively entrusted, without further conditions for the purposes of integrating the crime“.
The important ruling therefore confirms that the law 184 prohibits any practice of renting wombs in our country. And that the absence of payment of a monetary consideration is not at all an element that cancels the crime. The sentence also confirms that our system actually provides for an aggravation of the sentence in the event that the crime (that is, the illicit entrustment of a child to a third party) is committed by one of his parents.
source – http://www.affaritaliani.it/blog/zoom/la-cassazione-utero-in-affitto-sempre-reato-anche-se-gratis-585681.html