Italy’s constitutional court supports same-sex families

The court has taken a step toward recognizing the parental rights of the LGBTQ+ community.

Italy’s Constitutional Court has ruled that the birth certificate of a child born to a lesbian couple must list two mothers. In 2024, the couple had been denied “full dual parenthood” — a decision now overturned.

The court found that denying legal recognition to the non-biological mother violates constitutional principles of equality and personal identity. It also infringes on the child’s rights to care, education, and continuity from both parents.

The decision overturned part of a 2004 law that prevented lesbian women from being registered as legal mothers, even when both had consented to the procedure. Now, same-sex couples who have undergone IVF (in vitro fertilization) abroad can be legally recognized as parents in Italy.

However, the ruling does not change existing restrictions in Italy on access to IVF, which remains limited to heterosexual couples. Still, local activists see this as a significant step toward recognizing LGBTQ+ parental rights.

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