Italy’s Constitutional Court has ruled that both mothers in same-sex couples must be allowed on their children’s birth certificates and be recognized as legal parents. The landmark ruling comes after the far-right government had forbidden nongestational mothers from being on their children’s birth certificates and even removed ones who were there.
Today’s ruling said that nongestational parents who have consented to their partner’s use of assisted reproductive technology (ART) abroad and agreed to parental responsibility must be allowed to be on the resulting children’s birth certificates and be recognized as legal parents. Failure to recognize them is unconstitutional, “due to the violation of the personal identity of the child born and of his right to have a certain and stable legal status recognized from birth,” among other reasons. (Original Italian; Sent. 68/2025.)
The ruling comes after years of effort on the part of LGBTQ families and allies, particularly in the wake of recent governmental moves. Some jurisdictions had allowed same-sex parents to adopt each others’ children since 2014, but this was not enshrined in Italian law. In 2023, Italian Prime Minister Giorgia Meloni’s far-right government told cities not to allow the creation of Italian birth certificates that include two mothers, nor to recognize foreign birth certificates of children with two fathers. Central government officials in Padua then informed 27 families with two moms, raising 33 children, that the nongestational parent was being removed from their child(ren)’s existing birth certificate(s). Protests erupted across Europe in the wake of the action.
Famiglie Arcobaleno (Rainbow Families), the country’s largest organization for LGBTQ parents, called today’s ruling “a point of no return, a gigantic step forward in guaranteeing equal rights to all families, regardless of their composition.” (Original Italian.)
And Alessia Crocini, president of Famiglie Arcobaleno, said in a statement (original Italian):
This is a historic victory for us, as well as for every same-sex-parented family in Italy. Because it erases an enormous disparity that sons and daughters with two mothers suffered in Italy when denied the existence of a parent. At a time when LGBTQIA+ rights are under attack in our country, this ruling represents a light of hope and a call for policy to finally acknowledge that our sons and daughters exist and deserve the same rights.
The use of ART is still not legal for single people or same-sex couples in Italy itself, however, showing that much work remains to be done. In a separate ruling today (Sent. 69/2025), the Constitutional Court said that the restrictions on ART were not unconstitutional, but that it would take legislative action to change them.
Nevertheless, the birth certificate ruling is a huge step forward. Congratulations to all who worked to spread awareness and understanding and make this happen.
I feel obligated to add that here in the United States, a birth certificate does not establish parentage; it only records it. Nongestational/nongenetic parents should consider what more they may need to do to ensure their parentage is secure and recognized everywhere and to protect their children. See “LGBTQ Paths to Parentage Security,” at lgbtqparentage.org, for a guide that GLAD Law and I developed to help you understand current options.