Italy’s Constitutional Court ruled that both women in a same-sex couple can be listed as parents on their child’s birth certificate. This decision marks a significant step toward legal equality for LGBTQ+ families in Italy.
The court declared that children in same-sex families must not be limited to recognizing only the biological mother. Judges ruled against the past practice of registering only the birth mother in lesbian couples. They said it is unconstitutional to deny parental status to the woman who consented to assisted reproduction and took responsibility for the child. The ruling requires that both mothers receive legal recognition from the child’s birth.
Landmark Decision for LGBTQ+ Rights in Italy
The ruling was welcomed by LGBTQ+ advocates who see it as a major victory for civil rights. Rainbow Families, an advocacy group, called it a landmark moment. “Children have the right to see both mothers recognised from birth,” the group said. They urged lawmakers to recognize the reality of same-sex families and update the laws accordingly.
This ruling overturns previous policies where only the biological mother’s name was registered on birth certificates. The non-biological mother often had to go through an adoption process to gain parental rights. A 2004 law had limited legal recognition for non-biological parents in same-sex couples, creating legal challenges for families.
Opposition from Conservative Groups
Not everyone welcomed the court’s decision. The conservative group Pro Life and Family criticized the ruling harshly. They called it illogical and described the outcome as an “existential joke.” The group argued that the decision imposes an unstable and confusing reality on children raised in same-sex households.
Background: Italy’s Family Laws and Policies
In recent years, some local registrars in Italy had begun registering only the biological mother on birth certificates for children of lesbian couples. This forced the other mother to adopt the child later to gain legal rights.
The political climate in Italy has grown more conservative, especially under Prime Minister Giorgia Meloni’s government. In 2023, the Interior Ministry issued a circular to enforce stricter registration policies, reinforcing traditional family models. Meloni’s far-right government opposes surrogacy and promotes the idea of families based on a mother and father.
Assisted Reproduction and Surrogacy Laws Remain Strict
While the court’s ruling supports parental recognition, it did not change laws around assisted reproduction. Italy still limits access to in vitro fertilization (IVF) and has banned surrogacy since 2004. In fact, lawmakers expanded the ban last year by criminalizing Italians who seek surrogacy services abroad.
Despite these restrictions, the ruling provides legal protection for same-sex parenting by affirming both mothers’ parental rights from birth.
International Context and Impact
Italy joins a growing number of European countries that recognize same-sex parenting rights. Countries like Spain, France, and Germany have made similar legal reforms in recent years. The Italian ruling could influence other nations with conservative family laws.
Expert Opinion
Legal expert Dr. Lucia Romano commented on the ruling: “This decision aligns Italian law with international human rights standards. It ensures children born into same-sex families have the same legal protections as others. It is a crucial step forward for family law in Italy.”
What This Means for Families
The court ruling means that same-sex couples no longer need to rely on adoption procedures to establish the parental rights of the non-biological mother. This change simplifies legal processes and reduces the uncertainty families face. It also affirms the dignity and recognition of diverse family structures.
Call to Action
LGBTQ+ groups continue to call on the Italian Parliament to revise existing family laws to better protect same-sex families. They stress the importance of official laws reflecting the social realities of families today.