Opponents of the law argue that it disproportionately affects LGBT couples who already face restrictions regarding adoption and fertility treatments within Italy. Critics assert that the ban exacerbates the challenges of starting families amid an ongoing decline in the country's birth rate. During demonstrations prior to the bill's passage in the Senate, LGBT activist Franco Grillini emphasized the law's harsh implications for prospective parents in Italy.

Prime Minister Meloni, who identifies herself as a devout Christian and advocate for traditional family structures, has previously criticized surrogacy, especially in relation to LGBT individuals. Under her leadership, Italy has seen a tightening of policies affecting same-sex families, including recent directives to cease the registration of children with same-sex parents in Milan. The government's justification for this new surrogacy ban focuses on the protection of women, whereas experts contest the claim, highlighting that a significant portion of surrogacy clients in Italy are heterosexual.

The legislation aligns Italy with other European countries that broadly outlaw all forms of surrogacy, contrasting with more progressive nations like the US and Canada, where such practices are recognized and protected. As Italy's legal landscape regarding family and reproductive rights continues to evolve, fears persist among same-sex couples about their rights and recognition, particularly in terms of parenthood and legal protection for their children.