Italy's Landmark Ruling Bolsters Rights of Same-Sex Mothers, Challenges Government Stance
May 22, 2025
While this decision marks a significant advancement for LGBTQ parental rights, it does not alter existing restrictions on IVF access, which remains limited to heterosexual couples.
In a related ruling, a court in Pesaro allowed a non-biological father to adopt a child conceived abroad through surrogacy, further supporting the rights of same-sex parents.
In 2023, Meloni's administration halted the transcription of birth certificates for children born abroad through surrogacy, prompting legal challenges from same-sex parents.
The court's decision alleviates the risk for non-biological mothers of losing parental rights in cases of partner death or separation, which had previously created significant complications.
The Italian Constitutional Court has issued a landmark ruling recognizing the rights of same-sex mothers, asserting that denying legal recognition to non-biological mothers undermines the best interests of children.
This ruling comes amid criticism from conservative groups, such as the Pro Life and Family association, which argue that it diminishes the status of children born to same-sex couples.
The ruling is seen as a direct challenge to Prime Minister Giorgia Meloni's government, which has previously attempted to restrict the registration of non-biological mothers on birth certificates.
Activists have expressed concerns about the erosion of civil rights for LGBTQ+ individuals under Meloni's government, particularly regarding surrogacy restrictions that disproportionately affect gay fathers.
The ruling allows lesbian couples to legally register both parents as guardians of their children, reinforcing their family structure and providing clarity in legal interpretations.
The decision reflects a broader trend in Europe towards recognizing and upholding the rights of LGBTQ+ individuals and families, despite varying levels of acceptance across different countries.
Gabriele Piazzoni, secretary general of Arcigay, emphasized that this ruling will spare thousands of children from enduring lengthy judicial processes to have both parents recognized.
Overall, the court's ruling signifies a pivotal moment in Italy's legal landscape regarding LGBTQ rights, challenging previous government policies and promoting equality for same-sex families.
Summary based on 24 sources
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Sources

The Washington Post • May 22, 2025
Italian court grants parental rights to same-sex couples who use IVF abroad
Yahoo News • May 22, 2025
Italy's court says 2 mothers can register as parents on birth certificates
CNN • May 22, 2025
Lesbian mothers win legal status in Italy IVF ruling
AP News • May 22, 2025
Italy's court says 2 mothers can register as parents on birth certificates | AP News