In a groundbreaking decision, Italy’s Constitutional Court has ruled that women in same-sex relationships who become mothers through IVF must be recognized as legal parents, regardless of whether they are the biological parent. The ruling has been celebrated as a historic victory for LGBTQ+ rights in a country where traditional family values often dominate political discourse.
This decision marks a significant setback for the far-right government led by Giorgia Meloni, who identifies as a “Christian mother” and has been vocal about opposing the “LGBT lobby” while championing traditional family structures.
Court Declares Discrimination Unconstitutional
The court found that refusing to recognize both mothers on a child’s birth certificate was discriminatory and violated constitutional protections. Lawyer Michele Giarratano, who represented several families in the case, stated that the ruling effectively sets a legal precedent.
The decision provides much-needed clarity for families like Chiara Soldatini’s, who moved to Spain to safeguard their parental rights. “I’m relieved that no one can now challenge our parental bond with our son,” she said.
Legal Challenges and Political Resistance
Although Italy legalized civil unions in 2016, same-sex couples face barriers to accessing medically assisted reproduction within the country. Many couples have relied on foreign IVF services, but the Italian legal system has been slow to adapt, leaving non-biological parents in legal limbo.
In 2023, an order from the Interior Ministry under Meloni’s administration directed town halls to cease registering birth certificates for children born abroad via surrogacy. This move sparked a wave of legal challenges, leaving many non-biological mothers at risk of losing access to their children in cases of death or separation from their partners.
Thursday’s ruling explicitly states that denying legal recognition to non-biological mothers violates the child’s constitutional rights, including maintaining relationships with both parents and extended family members.
Political and Social Implications
Opposition leaders and activists hailed the ruling as a victory for equality. Elly Schlein, head of the Democratic Party (PD), called it a “political defeat” for Meloni’s government, which has used same-sex families as a “political target.”
“This is a historic moment, but there is still more to achieve,” said Soldatini, emphasizing the need for legal protections for families with same-sex fathers. “True equality will come when every family, regardless of structure, has equal rights.”
Broader Context of LGBTQ+ Rights in Italy
Since taking office in 2022, Meloni’s government has faced criticism for policies seen as eroding civil rights. Last year, the government extended a ban on surrogacy to include couples seeking the procedure abroad, further marginalizing same-sex male couples.
In a separate case, a court in Pesaro ruled in favor of a non-biological father adopting his child conceived via surrogacy abroad, signaling a potential shift in attitudes toward LGBTQ+ parenting rights.
