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Italian Constitutional Court Extends Paternity Leave to Intentional Mothers in Same-Sex Couples

By voiding Article 27-bis, the court compels INPS to update its portal to allow intentional mothers access to ten days of paid leave.

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Overview

  • On July 21, the Constitutional Court issued Sentenza n.115, finalizing its decision to strike down Article 27-bis for excluding intentional mothers in female same-sex couples from compulsory paternity leave.
  • The ruling grants intentional mothers a ten-day paid leave at 100% salary, aligning their rights with those of fathers in heterosexual families.
  • INPS must reprogram its online portal to accommodate leave applications from all recognized parents, eliminating formal barriers that previously blocked same-sex mothers.
  • The court anchored its verdict in the child’s best interests and equal parental responsibility, affirming that sexual orientation does not affect parenting capacity.
  • Opposition lawmakers in PD and M5S celebrated the ruling, while conservative NGO Pro Vita & Famiglia Onlus criticized the expansion of parental rights.