In a landmark decision, Italy’s Constitutional Court has ruled that two women can both be legally recognized as parents on their child’s birth certificate. This ruling marks a major step forward for the rights of same-sex families in Italy, ending a long-standing practice that limited parental recognition to only one biological mother.

The Court’s Decision

The court declared that children in same-sex families cannot be restricted to having only one mother legally recorded. Until now, Italian law and local authorities often registered only the biological mother on birth certificates when a child was born to a lesbian couple. The non-biological partner, even if actively involved in parenting, was excluded and had to go through lengthy legal adoption procedures to gain parental rights.

Judges ruled that this practice was unconstitutional. They emphasized that the woman who consented to assisted reproduction and has taken on parental duties must also be legally recognized as a parent from the start. The ruling protects the rights of both women to be listed officially, giving children the right to see both of their mothers recognized equally.

A Victory for LGBTQ+ Rights

The ruling was warmly welcomed by LGBTQ+ advocates and civil rights groups. Rainbow Families, an organization representing same-sex parents and their children, called the court’s decision a “historic moment for civil rights in Italy.” The group stressed the importance of recognizing both parents from birth, saying, “Children have the right to see both mothers recognized from birth.” They urged politicians to acknowledge the reality of same-sex families in Italy and stop ignoring their existence.

This ruling aligns Italy with several other European countries that have already granted equal parental rights to both parents in same-sex relationships. It marks a growing acceptance of diverse family structures across Europe and sends a clear message that legal systems must protect children’s rights regardless of their parents’ gender or sexual orientation.

Backlash from Conservative Groups

However, the decision has not gone without criticism. Conservative organizations, such as the group Pro Life and Family, sharply condemned the court’s ruling. They described it as “illogical” and called it an “existential joke.” The group argued that the ruling forces children into “an unnatural identity” by recognizing both women as parents.

Such criticism reflects the deep divisions in Italian society over family values and the rights of LGBTQ+ individuals. Conservative voices continue to push back against the expansion of family definitions beyond the traditional mother-father model.

Historical Context: Legal Limits on Same-Sex Parenting

Until recently, the law in Italy was slow to recognize same-sex parents fully. In many cases, only the biological mother’s name was listed on the child’s birth certificate. The non-biological mother had to adopt the child through a separate legal process, which was often long and complicated.

A 2004 law allowed only limited recognition for non-biological parents in same-sex relationships. This meant that many children in same-sex families grew up with legal uncertainty about their family status.

The Constitutional Court’s ruling challenges these outdated practices and sets a new standard for parental recognition in Italy.

The Meloni Government’s Traditional Family Policies

The court’s decision comes at a time when Italy’s right-wing government, led by Prime Minister Giorgia Meloni, is pushing a conservative agenda that reinforces traditional family values. In 2023, the Interior Ministry issued a directive that reimposed stricter rules on parental recognition, reflecting the government’s opposition to alternative family models.

Prime Minister Meloni and her administration have been vocal opponents of surrogacy and other assisted reproduction techniques that do not align with conventional family structures. Her government’s policies seek to limit surrogacy and promote the traditional family of a mother, father, and children.

Assisted Reproduction and Surrogacy Laws in Italy

It is important to note that the court’s ruling does not address the legality of assisted reproduction itself. Italy has strict regulations governing in vitro fertilization (IVF) and banned surrogacy in 2004. In 2023, lawmakers expanded this ban to penalize Italians who seek surrogacy services abroad, making it illegal for Italians to use surrogacy even outside the country.

These restrictive laws reflect the government’s continued commitment to traditional family policies, despite the growing recognition of same-sex families by the courts.

What This Means for Same-Sex Families

The court’s decision means that children born to lesbian couples in Italy will now have both mothers legally recognized on their birth certificates from birth. This change will simplify many legal processes for same-sex parents, including matters related to custody, inheritance, and parental responsibility.

It also offers emotional and social benefits to families by officially acknowledging both parents as equal caregivers and protectors. This legal recognition is crucial for children’s well-being and security.

Wider European and Global Trends

Italy’s ruling is part of a broader trend across Europe where courts and governments are slowly expanding rights for LGBTQ+ families. Countries like Spain, France, and Germany have already adopted similar measures allowing both parents in same-sex relationships to be listed on birth certificates.

While some countries continue to resist these changes, Italy’s Constitutional Court decision sends a clear message that family laws must evolve to reflect modern realities.

Italy’s Constitutional Court has taken a significant step toward equality and justice for same-sex families by allowing both women to be listed as parents on birth certificates. The ruling challenges outdated legal norms and supports children’s rights to have both parents recognized from birth.

While the decision has faced criticism from conservative groups and comes during a time of political opposition to alternative family models, it offers hope to many LGBTQ+ families seeking legal recognition and social acceptance.