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Italy's Top Court Grants Parental Rights to Same-Sex Mothers Using IVF Abroad

The Constitutional Court ruled that both women in a same-sex couple can be recognized as legal parents, citing equality and children's rights, while maintaining domestic IVF restrictions.

A child of a same-sex couple is carried by their parent at a protest after Italy's right-wing government told Milan's city council to stop registering same-sex parents' children in Milan, Italy March 18, 2023. REUTERS/Claudia Greco/File Photo
A child of a same-sex couple touches the LGBT flag at a protest after Italy's right-wing government told Milan's city council to stop registering same-sex parents' children in Milan, Italy March 18, 2023. REUTERS/Claudia Greco/File Photo
Demonstrators protested for mothers' rights in Milan in March 2023
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Overview

  • The Constitutional Court struck down parts of a 2004 law, allowing both members of a same-sex female couple who used IVF abroad to be legally recognized as parents in Italy.
  • The ruling emphasized constitutional principles of equality and children's rights, ensuring non-biological mothers can be listed on birth certificates without adopting their partner's child.
  • Domestic IVF remains restricted to heterosexual couples, and the court upheld the current ban on single women's access to IVF, leaving potential changes to parliament.
  • This decision challenges the conservative policies of Prime Minister Giorgia Meloni's government, which has promoted traditional family values and restricted LGBTQ+ parental recognition.
  • LGBTQ+ advocacy groups hailed the ruling as a significant step towards equality, though activists stress the need for further reforms, including recognition for same-sex male couples and surrogacy rights.