Italy’s highest court has declared it unfair to deny non-biological mothers in same-sex couples a place on their child’s birth certificate.
In a decision many are calling historic, Italy’s Constitutional Court ruled that both women in a same-sex relationship must be listed as legal mothers, even if one of them is not the biological parent. The court found it discriminatory to exclude one mother from the birth certificate, and said such a decision goes against several sections of the Italian constitution.
The ruling has been welcomed by many who have been fighting for family equality. Lawyer Michele Giarratano, who represented several affected families, said the court’s decision now sets a legal standard across the country. “It becomes law,” he explained.
Chiara Soldatini, a mother who left Italy for Spain last year over fears for her family’s legal safety, shared her relief. “Now, no one can deny our son belongs to both of us,” she said, expressing cautious optimism for the future.
Pushback Against the Far-Right Agenda
Prime Minister Giorgia Meloni’s government has long opposed same-sex parenting. The self-described “Christian mother” has strongly defended traditional family structures and pushed back against what she calls the “LGBT lobby.” In 2023, her interior minister ordered local officials to stop registering non-biological parents on birth certificates — even if the child was born abroad through surrogacy or IVF.
This caused legal chaos. In some cities, officials began challenging families, demanding birth certificates be changed to remove non-biological mothers. These actions placed many parents in difficult situations, especially if their partner passed away or the couple separated. Some couldn’t even take their child to the hospital without permission.
The court ruled such treatment fails to protect the child’s emotional and legal well-being, especially their right to grow up with both parents and extended family.
Elly Schlein, leader of the opposition Democratic Party, said the ruling was not only historic but also “a major defeat” for Meloni’s coalition, accusing them of turning rainbow families into political targets.
Soldatini, however, believes more needs to be done. She said she won’t celebrate fully until families with two dads also enjoy equal protection. “The law has made a step. Now it’s up to the leaders to follow,” she added.
On the same day as the court’s ruling, another family in northern Italy also received good news. A judge in Pesaro approved adoption rights for a gay father whose child was born via surrogacy abroad — showing signs of change, even in a country where LGBTQ+ families still face major legal hurdles.
