On July 22, 2025, Italy’s constitutional court issued a landmark ruling favoring the rights of non-biological mothers in same-sex unions, granting them the same paternity leave as biological parents. This decision challenged a longstanding decree from 2001 that failed to recognize the parental role of the non-biological mother in lesbian partnerships, which denied her the mandatory 10-day paternity leave. The court emphasized the child’s need for bonding time with both parents, asserting that this necessity transcends the parents’ sexual orientation. This ruling marks a significant step forward in recognizing LGBTQ+ rights within the context of Italian family law.
The latest ruling follows a similar court decision from May, where the constitutional court declared that both women in a same-sex partnership could register as parents on a child’s birth certificate. Such judgments reflect a growing movement against the far-right policies of Italy’s current government, led by Premier Giorgia Meloni, which has actively pursued a campaign to restrict LGBTQ+ rights, notably focusing on surrogacy bans and traditional family structures. These recent judicial decisions represent a vital pushback against these far-right initiatives, affirming the rights of same-sex parents in Italy.
Despite these judicial victories, Italy maintains strict limitations regarding fertility treatments, having implemented a ban on surrogacy since 2004. Under the Meloni administration, the ban was tightened further, criminalizing Italian citizens who seek surrogacy services abroad. The court’s ruling on paternity leave indirectly addresses the legal concerns of women who have pursued IVF treatments outside of Italy. This reflects a need for legal frameworks to adapt to the realities of family formation in a modern context, pushing against a backdrop of conservative policies that seek to limit alternative family structures.
Opposition to these rulings has surfaced, with organizations like Pro Life and Family labeling the court’s decisions as “ridiculous” and indicative of a broader societal disruption termed “gender craziness.” This rhetoric highlights the ongoing tensions between conservative factions in Italy and the advancing rights of LGBTQ+ communities. The push for traditional family values conflicts with the judicial recognition of diverse family configurations, provoking debates within Italian society about the rights and responsibilities of LGBTQ+ individuals.
Lawmaker Alessandro Zan has been a vocal supporter of LGBTQ+ rights, framing this ruling as a crucial step towards dismantling what he describes as “unjust and cruel discrimination.” He articulated a strong message on social media, reinforcing the idea that love constitutes a family, and emphasizing every child’s entitlement to care from both parents without discrimination. Such public declarations are essential in fostering a more inclusive society and ensuring that legal systems adapt to contemporary familial structures.
In summary, the recent rulings by Italy’s constitutional court shine a spotlight on the evolving nature of family rights in Italy, particularly where LGBTQ+ individuals are concerned. The court’s decisions affirm the relational dynamics between parents and their children, irrespective of sexual orientation, as fundamental to a child’s well-being. However, ongoing legal challenges and societal opposition reveal the complexities of advancing LGBTQ+ rights in a conservative political climate, demonstrating that while progress is being made, the journey towards equality continues to encounter significant hurdles.
