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Dadparvar
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On May 22, 2025, Italy’s Constitutional Court ruled that both members of a same-sex female couple can be recognised as legal parents of a child born in Italy through medically assisted reproduction conducted abroad. The Court held in its Sentenza n. 68/2025 that Article 8 of Law No. 40/2004 is unconstitutional insofar as it does not allow the intentional (non-biological) mother to be listed on the birth certificate of the child born under such circumstances.
The ruling came in response to a constitutional challenge raised by the Civil Tribunal of Lucca, which was asked to rule on the validity of a birth certificate listing two mothers—G.G. as the biological mother and I.P. as the intentional mother. The child was conceived through assisted reproductive techniques outside Italy, in compliance with the laws of that country. The local prosecutor challenged the registration on the basis that it contravened Italian legislation and administrative guidance, specifically referencing a 2023 circular issued by the Ministry of the Interior.
The Court found that excluding the intentional mother from recognition violated several constitutional provisions. Specifically, it held that this exclusion:
In reaching this decision, the Court emphasised the importance of shared parental responsibility arising from mutual consent to the assisted reproduction process. The judgment stated that once a couple decides together to undertake such a process, “neither party—particularly the intentional mother—may unilaterally withdraw from that responsibility”.
The decision addressed the limitations of using “adoption in particular cases” as an alternative legal mechanism. The Court noted that adoption is procedurally burdensome, time-consuming, and subject to discretionary judicial approval. It also pointed out that adoption does not guarantee continuity of legal status from birth and leaves the child’s relationship with one parent vulnerable to future changes in intention or legal action.
The Court also observed that current practices vary significantly across Italy. Some civil registrars include both mothers on the birth certificate, while others do not. In the case before the Court, the same couple’s first child had been registered with both mothers listed, but the registration of their second child had been challenged, creating a disparity in legal status between the siblings.
The judgment does not address the legality of access to assisted reproduction in Italy by same-sex couples, nor does it involve cases of surrogacy, which remain distinct under Italian law. The ruling is limited to cases where medically assisted reproduction is carried out abroad and both women have given prior consent to the process.
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The ruling came in response to a constitutional challenge raised by the Civil Tribunal of Lucca, which was asked to rule on the validity of a birth certificate listing two mothers—G.G. as the biological mother and I.P. as the intentional mother. The child was conceived through assisted reproductive techniques outside Italy, in compliance with the laws of that country. The local prosecutor challenged the registration on the basis that it contravened Italian legislation and administrative guidance, specifically referencing a 2023 circular issued by the Ministry of the Interior.
The Court found that excluding the intentional mother from recognition violated several constitutional provisions. Specifically, it held that this exclusion:
- Breached Article 2, which protects personal identity, by failing to guarantee the child a stable legal status from birth;
- Contravened Article 3, which ensures equality, by creating unjustified discrimination against children of same-sex couples;
- Violated Article 30, by impairing the child’s right to receive care and responsibility from both parents.
In reaching this decision, the Court emphasised the importance of shared parental responsibility arising from mutual consent to the assisted reproduction process. The judgment stated that once a couple decides together to undertake such a process, “neither party—particularly the intentional mother—may unilaterally withdraw from that responsibility”.
The decision addressed the limitations of using “adoption in particular cases” as an alternative legal mechanism. The Court noted that adoption is procedurally burdensome, time-consuming, and subject to discretionary judicial approval. It also pointed out that adoption does not guarantee continuity of legal status from birth and leaves the child’s relationship with one parent vulnerable to future changes in intention or legal action.
The Court also observed that current practices vary significantly across Italy. Some civil registrars include both mothers on the birth certificate, while others do not. In the case before the Court, the same couple’s first child had been registered with both mothers listed, but the registration of their second child had been challenged, creating a disparity in legal status between the siblings.
The judgment does not address the legality of access to assisted reproduction in Italy by same-sex couples, nor does it involve cases of surrogacy, which remain distinct under Italian law. The ruling is limited to cases where medically assisted reproduction is carried out abroad and both women have given prior consent to the process.
The post Italy constitutional court affirms parental rights of same-sex mothers appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.