Italy’s Constitutional Court Recognizes Both Mothers on Birth Certificates
In a progressive and impactful ruling on May 22, 2025, Italy’s Constitutional Court decided that same‑sex female couples who have children via IVF, either within Italy or abroad, must both be recognized as legal parents on birth certificates
This landmark decision corrects past inconsistencies and brings Italy closer to family‑friendly legal reform.
What the Ruling Achieves
Previous laws only allowed the biological mother’s name on a birth certificate. Now, non‑biological mothers who consent to IVF and raise the child are also legally acknowledged.
The Court affirmed that denying recognition to one of two mothers violates the constitutional principles of equality, personal identity, and the child’s right to a stable family environment
Before this ruling, non‑biological mothers sometimes had to go through step‑child adoption or legal appeals. The new decision allows automatic recognition in rightful cases.
Despite broader restrictions—like bans on IVF access for single women and same‑sex couples, and criminalization of surrogacy abroad – the Court explicitly ruled that recognizing both mothers does not contradict Constitutional norms
What It Means for Italian Families
Legal security and emotional continuity for children of lesbian couples, ensuring access to inheritance, healthcare, and parental rights.
Greater uniformity across municipal registries—ending the phenomenon where registration depended on local mayoral discretion.
A foundation for future reform: while IVF and surrogacy remain restricted, this ruling sets a clear legal standard for recognizing diverse family structures.
Final Thoughts
Italy’s Constitutional Court has reaffirmed a simple yet powerful truth: children deserve the security of being recognized by both loving parents. This ruling marks a pivotal shift from legal exclusion toward restorative justice and inclusion for LGBTQ+ families.
While there is more work to be done, particularly in allowing inclusive access to fertility treatments and surrogacy, this decision firmly aligns Italian family law with evolving social values and constitutional rights.
