Two mothers? Italian justice says: yes
Finally. The Italian Constitutional Court has taken a decisive step to legally recognize lesbian couples as full mothers. A ruling that marks a before and after in the history of LGTBIQ+ rights in the transalpine country. Until now, when a couple of women had a son or daughter through assisted fertilization abroad – because in Italy it is only allowed for heterosexual couples – only the biological mother was recognized.
Since this ruling, Italy is forced to also consider the non-pregnant mother as legal parent. An advance that not only symbolizes justice, but also corrects a fundamental injustice: the institutional invisibility of many rainbow families.
The case that changed everything
It all started in Lucca, Tuscany. Two mothers—both lawyers—turned to court after failing to register their second child as their descendant. The reason: a circular from the Government of Giorgia Meloni, which prohibited this type of registration. Although her first daughter was registered without obstacles, the second certificate was challenged by the prosecutor’s office for having been born in full force of the controversial norm.
Thanks to their struggle—and the ruling of the Constitutional Court—today they celebrate a change that goes beyond their family: “Recognizing a right does not take anything away from anyone, it simply adds to it,” they told the media. And they are right.
What does the sentence say?
The Constitutional Court has been clear: not recognizing the non-biological mother violates the children’s right to identity, as well as their right to have a stable legal status from birth. It also affects their access to care, education and emotional ties with both parents.
In addition, part of a 2004 law that only recognized one mother is repealed. From now on, denying that parental bond will be unconstitutional.
An Italy divided, but moving forward
Although the ruling does not yet allow lesbian couples to access assisted fertilization within Italy—that would require a legislative change—it opens the door to future reform. Because if the Constitution recognizes that right, how long will it take for Parliament to adapt?
The ruling also suggests that there are no legal impediments to allowing single women access to these techniques. So… is Italy ready to redefine its family model?
The real impact on everyday life
Beyond the symbolism, this decision has enormous practical consequences. Until now, non-pregnant mothers lived in a kind of legal limbo. They could not take their children to the doctor or pick them up from school without authorization. They also couldn’t make important decisions without going through a long, expensive and often frustrating adoption process.
This statement removes that load. Because a family is not defined by a notarial signature, but by love, commitment and co-responsibility.
What if all this is not so simple?
But not everything is black or white. Although it is celebrated as a triumph, some activists remember that the ruling does not eliminate Meloni’s circular or even modify the assisted reproduction law. The risk of different interpretations being given in each municipality continues to exist. Furthermore, there are those who wonder if the Constitutional Court has gone beyond what the law allows, leaving open a legal gap that can be taken advantage of by conservative sectors to prosecute more cases.
Are we facing stable change or a victory that will need to be defended again and again in court?
Reactions from politics and society
From the opposition, voices such as Alessandra Maiorino (M5S) have celebrated the decision as a “resounding response” against the exclusionary policy of the current Government. “You cannot legislate for a child to be an orphan just because he has two mothers,”he said firmly.
For their part, LGTBIQ+ groups speak of a historic victory, but with nuances: there is much to do. Automatic recognition from birth is a first step. Next up: universal access to reproductive treatments, inside and outside the country.
What does this mean to you?
This ruling does not only affect Italian families. It also challenges us all. What family model do we recognize? What happens when the State imposes a definition that excludes realities as common as those of two mothers raising their child?
We may not have all the answers. But this ruling forces us to continue asking ourselves.
