In a significant legal development, Italy’s Constitutional Court delivered a ruling on May 22, 2025, affirming the parental rights of both members of a same-sex female couple. The decision centers around children born in Italy through medically assisted reproduction carried out abroad. The ruling determines that the non-biological mother, often referred to as the “intentional” mother, can be listed on the birth certificate, a move hailed by many as closing a loophole in the country’s parenting laws.
The ruling responds to a case referred by the Civil Tribunal of Lucca, where the prosecutor had challenged the listing of two mothers on a birth certificate on the grounds of conflicting with existing Italian legislation. This legal action stemmed from a 2023 directive by the Ministry of the Interior concerning such registrations.
The Court identified several violations of constitutional principles, as detailed in its Sentenza n. 68/2025. It found that denying the intentional mother recognition infringes on Article 2, which ensures personal identity, and violates Article 3, ensuring equality, by discriminating against children of same-sex couples. Furthermore, it contravenes Article 30, which guarantees a child’s right to care from both parents.
The Court emphasized the importance of mutual consent in assisted reproduction, highlighting that once a couple consents to the process, neither partner can withdraw from the ensuing responsibilities unilaterally. It also criticized the alternative legal route of “adoption in particular cases” as inadequate due to procedural delays and the lack of guaranteed legal stability from birth.
The ruling exposes inconsistencies across Italy, where civil registrars differ on whether to recognize both mothers on birth certificates, revealing a gap in uniform legal treatment. Interestingly, the decision does not challenge the legality of accessing assisted reproduction within Italy by same-sex couples, nor does it delve into surrogacy laws, applying only to cases of reproduction completed abroad with mutual consent.
This judgement is a critical step in ensuring legal parity and familial stability for children of same-sex couples, as further discussed in a detailed report by JURIST.