Two separate Italian court decisions have marked a shift in the legal recognition of same-sex couples as parents this week.
In the first case, a court in Pesaro approved the adoption of a child by a gay man who is the partner of the child’s biological father. The child was born in the United States through surrogacy, which is illegal in Italy and was classified as a ‘universal crime’ in 2024. This means Italians can be prosecuted for surrogacy even if it is carried out in countries where it is legal.
Despite this, the judges said, “The minor must be protected regardless of the manner in which it came into the world.”
The child was born before the universal crime law was enacted. The same couple had another child via surrogacy, whose adoption by the non-biological parent was approved in October 2023.
Unconstitutional to deny parental recognition to ‘intended mother’
In a separate case regarding parental rights of same-sex couples, the Constitutional Court ruled on Thursday that it is unconstitutional to deny automatic parental recognition to the ‘intended mother’ in children born via Medically Assisted Procreation (MAP) carried out abroad.
The ruling came after a case in Lucca involving a lesbian couple. The court found that failing to recognise both mothers from birth violates the child’s right to personal identity and stable family bonds.
The judges stated that children have a right “to maintain a balanced, continuous relationship with each parent, to receive care, education, instruction and moral assistance from both, and to maintain significant relationships with the relatives of each side of the parental family.”
Vincenzo Miri, president of the Rete Lenford LGBT rights group and lawyer for the mothers, welcomed the decision. “A civilised legal principle has been affirmed in the interest of all children against a culture tied to just one model of the family,” he said.
However, the court upheld Italy’s ban on access to MAP for single women, calling it neither “unreasonable” nor “disproportionate.”
