All surrogacy arrangements (both commercial and altruistic) are illegal. Italian law of February 19, 2004, № 40 "On norms of assisted reproductive technologies"  not only totally prohibits surrogacy, but also greatly limits other reproductive technologies.

 According to the Law № 40 "On norms of assisted reproductive technologies" of 19 February 2004, Italians have the right to use methods of artificial insemination only providing medical certificate about infertility. In addition, reproductive programs that involve a third party, that is, surrogacy and donation, are prohibited.

Italian legislation provides imprisonment for a term from three months to two years and a fine from 600,000 to 1 million euro to those who organize and promote donation or surrogacy in Italy, but Italian citizens are not prohibited to use such methods abroad.

It should be noted that going for IVF procedures in Italy is absolutely legal, though, it applies only to married couples.