Italy’s Constitutional Court Affirms Parental Rights for Same-Sex Couples
In a landmark decision, Italy’s Constitutional Court has ruled that both mothers in a same-sex partnership can be registered as parents on a child’s birth certificate. This ruling emphasizes that parental recognition cannot be confined solely to the biological mother, reflecting a significant shift in Italy’s approach to family rights for LGBTQ+ individuals.
The court’s decision overturns previous practices where city registrars often listed only the biological mother on birth certificates, requiring non-biological mothers to adopt their own child for legal recognition. The ruling was celebrated by LGBTQ+ advocacy groups, including Rainbow Families, who hailed it as a "historic day for civil rights in Italy." They emphasized that children have the right to see both parents recognized from birth, regardless of their family structure, and urged politicians to acknowledge the reality of same-sex families in legal contexts.
Conversely, the conservative group Pro Life and Family criticized the decision, arguing that it undermines traditional family values and creates an "existential joke" for many children born to same-sex parents. This contention reflects ongoing tensions surrounding family structures in Italy.
In recent years, there had been a trend among registrars to enforce limited parental recognition more stringently, influenced by a 2004 law and reinforced by the current far-right government under Prime Minister Giorgia Meloni. The Interior Ministry’s circular in 2023 highlighted this intent by targeting surrogacy and promoting conventional family ideals.
While this ruling marks progress for LGBTQ+ rights, it does not change the existing legal framework surrounding medically assisted procreation in Italy, which remains tightly regulated with strict restrictions on IVF and a longstanding ban on surrogacy.
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