Italy’s Constitutional Court Rules in Favour of Legal Recognition for Same-Sex Mothers

Report by Safarti Tarjuman International Desk

Italy’s Constitutional Court has declared it unconstitutional to deny legal recognition to non-biological mothers in same-sex couples whose children are born through IVF, according to AFP.

In a landmark decision hailed by opposition lawmakers as “historic,” the court ruled that failing to recognise both mothers on a child’s birth certificate is discriminatory. The ruling effectively becomes law and sets a new precedent for parental rights in Italy.

Lawyer Michele Giarratano stated the decision ensures equality for same-sex couples and offers legal clarity in a country where civil unions have been legal since 2016, but parental rights remained undefined.

The ruling comes in opposition to the policies of Prime Minister Giorgia Meloni’s right-wing government. Meloni, a vocal critic of what she calls the “LGBT lobby,” has defended traditional family structures in line with conservative Catholic values.

In 2023, Meloni’s interior minister had instructed municipal authorities to cease recognising foreign birth certificates of children born to same-sex couples via surrogacy. This triggered a wave of legal challenges across the country involving birth registrations for children born abroad or in Italy to same-sex parents.

The court ruled that excluding non-biological mothers from legal parenthood violates several constitutional rights and fails to uphold the best interests of the child. The judgment affirms the importance of recognising parental responsibility regardless of biological connection.