Lesbian parents can both be legally recognised as a child’s mother, Italy’s Constitutional Court has ruled.
On Thursday (22 May), the country’s Constitutional Court ruled that same-sex women couples undergoing in vitro fertilisation (IVF) abroad can both be legally recognised as parents in Italy, regardless of whether the second parent is the biological mother or not.
The court found that denying such legal recognition to the second parent violates the constitutional principles of equality and personal identity, and also violates the child’s right to care, education and emotional continuity from both of their parents.
The court ruling dismantles part of a 2004 law, which did not permit both women in a same-sex couple to be registered as their child’s legal parents, even if they both agreed to IVF in another country. The procedure is yet to be available to LGBTQ+ couples or single women in Italy.
It was brought forward by the city of Lucca, Tuscany, in a case involving a lesbian couple. The judges reflected on the lack of clarity surrounding the law, which led to differing rulings in various courts across the country. Some cases saw both mothers listed on the child’s birth certificate, while others saw the non-biological parent excluded.
Marilena Grassadonia, an LGBTQ+ rights advocate and a member of the Italian Left opposition party, said it is a “historic day” which “restores dignity and serenity to the many rainbow families who live in our country”.
A separate ruling on the same day also found that preventing single women from accessing IVF is not unconstitutional, but could be changed if a political will for the change came to parliament.
In 2023, the country began removing lesbian mothers’ names from their children’s birth certificates, as part of the government’s crackdown on LGBTQ+ rights.
After winning the election in 2022, Prime Minister Giorgia Meloni signalled that she was preparing to roll back legislation on abortion rights – which are already difficult to access. She also denied being homophobic, despite expressing her opposition to what she described as “gender ideology” and the “LGBT lobbies.”
If this story has affected you, call Fertility Network UK’s free support line on 01424 732361 from 10 am to 4 pm Monday to Friday.
The post Lesbian parents can both be legally recognised as a child’s mother, court in Italy rules appeared first on PinkNews | Latest lesbian, gay, bi and trans news | LGBTQ+ news.