Rudolph Angler Italy’s Constitutional Court has ruled that two women can both be legally recognized as parents on their child’s birth certificate. The decision ensures that children in same-sex families receive legal acknowledgment from both mothers. This landmark ruling challenges previous practices and marks a significant change in Italian family law.
Court Affirms Parental Rights for Both Mothers
The court rejected the common practice of listing only the biological mother on official documents in same-sex partnerships. Judges stated that the non-biological mother who consents to assisted reproduction and takes on parental duties must also have parental rights. The ruling declared excluding one parent unconstitutional.
This decision guarantees legal protections for children raised by same-sex couples from birth. It closes a gap that required the non-biological mother to later adopt the child to gain recognition.
LGBTQ+ Advocates Celebrate the Ruling
The ruling received strong support from LGBTQ+ advocacy groups. Rainbow Families, a civil rights organization, called the decision a milestone for Italy’s diverse families. “Children have the right to see both mothers recognized from birth,” the group said. They urged lawmakers to acknowledge and protect the realities of modern families.
Conservative Opposition Criticizes the Court
Conservative voices reacted strongly against the ruling. The group Pro Vita e Famiglia described the decision as “illogical” and an “existential joke.” They argued it forces children into what they call an “unnatural identity model.” This highlights ongoing cultural tensions in Italy over family definitions.
Background: Legal Context and Government Policy
In many Italian regions, local registrars traditionally listed only the biological mother on birth certificates for same-sex couples. The non-biological mother had to adopt the child later to gain legal status.
A 2004 law restricted parental recognition for non-biological parents in same-sex relationships. In 2023, the Interior Ministry issued a directive enforcing these stricter rules once again.
Prime Minister Giorgia Meloni’s right-wing government promotes traditional family values. It opposes surrogacy and same-sex parenting, reflecting broader conservative policies.
Assisted Reproduction and Surrogacy Laws Remain Restrictive
Italy maintains strict limits on assisted reproduction, including in vitro fertilization (IVF). Surrogacy has been banned since 2004. Last year, lawmakers expanded the ban to prosecute Italians who use surrogacy services abroad.
The Constitutional Court ruling does not change these laws but focuses on parental recognition. The government continues to emphasize conventional family structures in its policies.
This ruling may lead to more inclusive family laws in Italy. Legal experts say it sets a precedent for recognizing diverse family models. It also pressures lawmakers to address the rights of children in LGBTQ+ households more comprehensively.