Overview

• The Constitutional Court ruled that children born abroad via PMA to lesbian couples must be recognized at birth as having two mothers in Italy.
• Article 8 of Law 40/2004 was declared unconstitutional for excluding non-birthing mothers from parenthood recognition, citing the best interest of the child.
• The Court upheld the ban on PMA for single women, stating it is not unconstitutional but left the door open for legislative changes.
• A minors' tribunal in Pesaro approved second-father adoption for a child born via surrogacy abroad, emphasizing the child's rights over the mode of birth.
• These decisions collectively expand legal protections for LGBTQ+ families in Italy, challenging traditional interpretations of family law.