Rome: Italy’s Constitutional Court has ruled that the non-biological mother in a same-sex female couple is entitled to paternity leave, paving a vital step for LGBTQ+ parental rights in the country.

The decision, announced on Monday, found that the 2001 decree regulating parental leave was unconstitutional, as it failed to recognise the rights of a non-biological mother in a civil union to access Italy’s mandatory 10-day paternity leave. The court equated her parental role to that of a father, stressing the importance of both parents having bonding time with their newborn child.

In its ruling, the court emphasised that the child's best interests and the responsibilities of both parents do not depend on the parents’ sexual orientation. It is the second pro-LGBTQ+ judgment in recent months, coming amid growing tensions with Italy’s far-right government, which has sought to tighten restrictions on surrogacy and promote what it calls traditional family values.

Back in May, the same court ruled that two women could be legally registered as parents on a child’s birth certificate -- a move widely welcomed by LGBTQ+ rights groups. That decision rejected the idea that parental recognition should be limited solely to the biological mother in same-sex families.

IVF restrictions

Italy maintains strict restrictions on IVF and has banned surrogacy since 2004. Under Prime Minister Giorgia Meloni’s government, those laws were expanded in 2023 to criminalise Italians who seek surrogacy services abroad. Monday’s ruling focused on couples who travel overseas to access legal IVF treatment.

The judgment was met with praise and criticism. Prominent LGBTQ+ rights campaigner and MP Alessandro Zan celebrated the verdict as a historic end to what he called “unjust and cruel discrimination.”

“Justice reminds the government of a simple principle: love is family, and every boy and girl is entitled to the care and protection of both parents, without discrimination,” Zan wrote on social media.

In contrast, the conservative Pro Life and Family association denounced the ruling as “ridiculous,” claiming it reflected the influence of what they called “gender craziness” on Italy’s legal and cultural landscape.