Italy’s Constitutional Court has ruled that two women can both appear as parents on a child’s birth certificate. The decision marks a significant step for same-sex families in the country. The ruling came in 2025 and focuses on children born to lesbian couples, ensuring that both mothers receive official recognition.
The court declared that children in same-sex families cannot be denied recognition of both mothers. Previously, only the biological mother’s name was allowed on birth certificates. The court struck down this practice as unconstitutional and discriminatory. It upheld the rights of the woman who consents to assisted reproduction and takes on parental duties.
Court Rejects One-Mother Policy for Same-Sex Families
For years, Italian law and practice limited parental recognition to one mother for same-sex couples. The 2004 legislation allowed only the biological mother to be listed on official documents. The non-biological mother had to adopt the child later to gain legal rights, creating delays and complications for families.
This ruling changes that by recognizing both mothers from birth. It protects children’s rights to have their family fully acknowledged in legal records. Judges emphasized that denying recognition to one parent undermines the child’s well-being and family stability.
Support from LGBTQ+ Advocates
LGBTQ+ groups welcomed the court’s decision. Rainbow Families, a leading organization advocating for LGBTQ+ rights in Italy, called the ruling historic. “Children have the right to see both mothers recognized from birth,” the group said in a statement. They urged lawmakers to update the country’s laws to reflect the reality of diverse families and stop ignoring same-sex households.
Opposition from Conservative Groups
Critics, however, condemned the ruling. The group Pro Life and Family described the decision as irrational, claiming it causes confusion about identity and parenthood. They argued it undermines traditional family values and creates uncertainty for children.
Italy’s conservative government, led by Prime Minister Giorgia Meloni, supports traditional family structures and opposes surrogacy and some assisted reproduction methods. In 2023, the Interior Ministry intensified enforcement of laws limiting parental recognition in non-traditional families.
Legal Context and Assisted Reproduction Rules
The court ruling focused only on parental recognition and did not change laws about assisted reproduction. Italy maintains strict rules on in vitro fertilization (IVF) and completely bans surrogacy. In 2024, new legislation made it a criminal offense for Italians to use surrogacy services abroad.
The government argues these policies protect traditional family values. Critics say they discriminate against LGBTQ+ people and do not reflect modern family diversity.
What This Means for Italian Families
This landmark decision simplifies legal recognition for many same-sex families. It allows both mothers to be acknowledged as parents without requiring adoption procedures. Experts say it could improve children’s sense of security and family belonging.
The ruling may also influence future changes in Italian family law, including protections for other non-traditional family forms.