Italian birth certificates can now include two mothers

Italy has allowed both partners within same-sex female couples to become legally recognised parents of a child born through IVF abroad.

The Italian constitutional court has ruled on a case concerning legal parenthood of same-sex female couples who have children via IVF. The court concluded that denying the recognition of the non-biological mother violates the constitutional principles of equality and personal identity. Furthermore, the court stated, denying full dual parenthood to both mothers goes against children's right to care, education and emotional continuity.

The court stated that refusing to recognise the women who provide parental care to the child gestated by their partner 'does not guarantee the best interests of the child'.

Under Italy's conservative parenting policies, only heterosexual couples can access IVF in the country, therefore the ruling applies to couples who undergo fertility treatment abroad.

The ruling came in response to inconsistent decisions on cases nationwide, determining whether both parents within same-sex couples can be recognised as legal mothers of babies born through IVF. Previously, a 2004 law hindered non-biological mothers within same-sex partnerships from being listed as parents on the birth certificates, even if they consented to IVF treatment with their partner. This left an ambiguous legal situation where individual mayors governing municipalities had the final say as to whether a non-biological mother could gain this legal status. If not legally recognised, the non-biological mother would need to adopt the child to secure parental rights.

The Italian state began more strictly enforcing the 2004 law in 2023 under the leadership of Prime Minister Giorgia Meloni (see BioNews 1184). In certain cases, the process of removing names of some mothers in same-sex couples from their children's birth certificates began in cities such as Padua and Milan. This could prevent mothers from retaining custody of their child in the instances of separation or the death of their partner. The court's decision ruled this 2004 law unconstitutional.

Marilena Grassadonia, member of the Italian Left opposition party and LGBT rights activist, said the ruling 'restores dignity and serenity to the many rainbow families who live in our country' and marked a 'historic day'.

However, Italy's policy landscape for LGBTQ+ families remains restrictive. Same-sex marriage is not formally recognised and while couples can opt to obtain a civil partnership, those that do are not granted the right of joint adoption. Only heterosexual couples can access IVF, which impacts both same-sex couples and single women. Additionally, all surrogacy is criminalised. Italians who conceive a child through international surrogacy can receive a sentence of up to two years in prison and a fine of up to €1 million (see BioNews 1263 and 1289).

On the same day, a separate constitutional ruling dictated that laws preventing single women from accessing IVF are not unconstitutional. The court stated it was open to change this ruling if the demand arises within parliament.