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Italian Court Mandates Birth Recognition for Both Mothers in Lesbian Couples

The Constitutional Court declares parts of law 40 unconstitutional, ensuring equal parental rights for children born abroad via assisted reproduction, while maintaining restrictions for single women.

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Overview

  • The Constitutional Court ruled that children born through assisted reproduction abroad to lesbian couples must have both mothers recognized on Italian birth certificates at birth.
  • The decision overturns a 2023 Interior Ministry circular that had removed non-biological mothers from birth records, addressing cases like those in Padua.
  • The Court based its ruling on the best interests of the child, emphasizing the right to personal identity and stable parental recognition.
  • In a separate ruling, the Court upheld the ban on single women accessing assisted reproduction but indicated that Parliament could choose to revise the law.
  • Advocacy groups and affected families have praised the decision as a significant step for equality, while calling for further legislative reforms.