Asger Risom
In a landmark decision, Italy’s Constitutional Court rules that both women in same-sex couples can be recognized as legal parents—even if only one is biologically related to the child.
Italy’s Constitutional Court has delivered a major victory for LGBT rights, ruling that both women in a same-sex couple who undergo IVF abroad must be recognized as legal mothers.
The judgment directly challenges a core stance of Prime Minister Giorgia Meloni’s administration and its opposition to what it calls the “LGBT lobby.”
The decision came in response to a case raised by a court in Lucca, Tuscany, and deemed the current legal framework discriminatory.
According to Digi24, the court found that excluding the non-biological mother from legal recognition violates constitutional rights to equality, identity, and emotional continuity for children.
This is a historic day,”
said Marilena Grassadonia, an LGBT rights activist and member of Italy’s opposition party La Sinistra.
“It restores dignity and peace to so many rainbow families living in our country.
A Direct Blow to Meloni’s Conservative Agenda
Giorgia Meloni, who campaigned on strong nationalist and conservative values, has repeatedly positioned herself against LGBT parental rights. Her policies include tighter control over civil registries and the rejection of dual motherhood registrations.
Until now, Italian law—rooted in a 2004 statute—only allowed the biological mother in a same-sex couple to be recognized as a parent.
This left the legal status of the second mother in limbo, depending on local interpretations. Some mayors allowed dual registration, others denied it entirely.
The court’s ruling acknowledges the inconsistency and calls for legal uniformity. However, it stops short of changing IVF access rules, which remain limited to heterosexual couples. Still, the decision is seen as a major shift toward broader LGBT parental recognition.
Broader Legal Context Still in Flux
In a separate but related ruling, the court upheld the ban on IVF for single women but noted that this could be subject to change if political consensus emerged in Parliament.
The rulings highlight the tension between Italy’s evolving social landscape and its conservative legal framework.
While Meloni’s government faces increasing scrutiny from civil rights groups, the judiciary is pushing forward with more inclusive interpretations of family law.
As the debate intensifies, Italy may be forced to reconcile its laws with the realities of modern parenthood—and with mounting pressure from both domestic activists and European legal norms.