In a landmark victory for LGBTQ+ families, Italy’s Constitutional Court has ruled that lesbian mothers who conceive children through in vitro fertilisation (IVF) abroad must be legally recognised as parents — a move hailed as “historic” by activists.
The decision, announced on Thursday, 22 May, strikes down part of a 2004 law that had prevented nonbiological mothers in same-sex relationships from being listed as legal parents of children conceived overseas via IVF. The court found this denial to be unconstitutional, stating that it violated the rights of children to receive care, education, and emotional continuity from both of their parents.
The ruling comes amid growing concern over the Italian government’s stance on LGBTQ+ rights under the far-right leadership of Prime Minister Giorgia Meloni. In 2023, Meloni’s Interior Ministry began pressuring local governments to remove nonbiological lesbian mothers from birth certificates — an act widely condemned by LGBTQ+ advocates.
Before this decision, inconsistent interpretations of the law across Italy meant that some mayors allowed nonbiological mothers to be listed as co-parents, while others registered only the birth mother. The court criticised this inconsistency, stating, “These divergent outcomes reflect a shifting social reality to which the legislature has yet to respond.”
Marilena Grassadonia, a leading LGBTQ+ advocate with the opposition Italian Left party, described the ruling as a major step forward. “It restores dignity and serenity to the many rainbow families who live in our country,” she told Reuters.
However, significant legal barriers remain. The ruling does not grant access to IVF within Italy for same-sex couples or single women. Italian law still limits medically assisted reproduction to married heterosexual couples. Surrogacy remains illegal, and same-sex couples continue to be barred from adoption, including stepchild adoption in most cases.
Despite this, a separate court in northern Italy also delivered positive news for LGBTQ+ families on the same day. According to Agence France-Presse, that court upheld a nonbiological father’s right to adopt his child conceived via surrogacy abroad, signalling potential legal shifts for gay dads.
Chiara Soldatini, a lesbian mother who moved from Italy to Spain to gain parental recognition, welcomed the Constitutional Court’s verdict. “I am happy no one will now be able to challenge the fact our son is our son,” she said. Still, she added, “I’ll only uncork the champagne when all those families with two dads can toast with me. Now is not the time to settle.”
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