Overview

• Italy's Constitutional Court ruled that both women in same-sex couples using IVF abroad can legally register as parents, overturning part of a 2004 law.
• The court found that denying recognition to non-biological mothers violates constitutional principles of equality and personal identity, as well as children's rights to care and emotional continuity.
• The decision addresses inconsistent practices by municipal registrars, who had often excluded non-biological mothers from birth certificates, forcing them to adopt their children to gain legal rights.
• The ruling does not change restrictions limiting IVF access to heterosexual couples or the ban on surrogacy, which was expanded in 2024 to criminalize overseas surrogacy.
• A separate court decision upheld the exclusion of single women from IVF access but left room for potential legislative reform if parliament acts.