In a groundbreaking decision for LGBTQIA+ families, Italy’s Constitutional Court has ruled that both women in a lesbian couple who undergo in vitro fertilisation (IVF) abroad can be legally recognised as mothers of their child.
Announced on Thursday, May 22, the court found that denying parental recognition to the non-biological mother violates constitutional principles, including equality, personal identity, and a child’s fundamental rights to care and emotional security from both parents.
This landmark judgment dismantles part of a 2004 Italian law that previously barred full parental recognition for both women in same-sex couples, even if both consented to IVF treatment overseas.
Court decision a win for lesbian & queer mothers
The ruling came from a case in Lucca, Tuscany, where legal ambiguity had led to inconsistent decisions across Italian courts with some recognising both mothers on birth certificates, while others excluded the non-biological parent entirely.
“This is a historic day,” said LGBTQ+ rights advocate and Italian Left party member Marilena Grassadonia.
“It restores dignity and serenity to the many rainbow families who live in our country.”
Italy remains one of the few Western European countries that restrict access to IVF for LGBTQIA+ couples and single women, who are forced to seek treatment abroad.
While this latest decision marks a victory for lesbian couples, a separate ruling on the same day upheld the country’s ban on single women accessing IVF, stating it was not unconstitutional, though it left the door open for legislative change through political action.
The legal development arrives amid growing concern over the Italian government’s approach to LGBTQIA+ rights.
In 2023, authorities began erasing non-biological lesbian mothers from their children’s birth certificates, part of a broader crackdown on queer families under the right-wing government led by Prime Minister Giorgia Meloni.
Last year the Italian government moved to ban their citizens from accessing surrogacy abroad, while access to surrogacy is also still illegal within the country.
Meloni, who came to power in 2022, has often clashed with LGBTQIA+ advocates, dismissing accusations of homophobia while opposing what she calls “gender ideology” and “LGBT lobbies.”
Her administration has also signalled intentions to restrict abortion access further.
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