In a landmark ruling, Italy’s Constitutional Court established that lesbian mothers who used in vitro fertilisation (IVF) abroad can now both be legally recognised as parents on their child’s birth certificate. In Italy, same-sex couples can’t access IVF treatment, though it is available to heterosexual couples.

The case was brought before the court by the city of Lucca after two mothers were both recognised as parents of their child by the municipality. On May 22, the Constitutional Court found that denying legal recognition to the non-biological mother was a violation of the constitutional principles of equality and personal identity.

Moreover, the court found that denying “full dual parenthood” to mothers who underwent IVF abroad also violates the child’s right to care, education and emotional continuity from both parents.

The court also noted the lack of clarity surrounding a 2004 law, which led to differing rulings from courts across the country. In some cases, both mothers were recognised in their children’s birth certificates, while in other cases the non-biological mother was excluded.

“These divergent outcomes reflect a shifting social reality to which the legislature has yet to respond,” the judges said.

Speaking to Reuters after the ruling, LGBTQ+ activist Marilena Grassadonia said that it marked a “historic day” in Italy. Grassadonia added that the decision “restores dignity and serenity to the many rainbow families who live in our country”.

This decision represents a huge win for same-sex parents in Italy, especially after the Italian government, led by Prime Minister Giorgia Meloni, began a process of removing lesbian mothers from birth certificates in 2023. In addition to the restrictive policies around parental rights, Meloni has been openly against LGBTQ+ rights, frequently employing rhetoric against the so-called “LGBT lobbies” and “gender ideology”.

Following news of the Italian ruling, LGBTQ+ activists in Ireland urged Health Minister Jennifer Carroll MacNeill to also recognise lesbian mothers who gave birth through IVF treatment.

“Currently, and contrary to what would now seem to be the position in Italy, same-sex female couples who use in vitro fertilisation abroad are not both legally recognised as parents in Ireland,” Irish lawyer Maeve Delargy told Irish Legal News.

“Hopefully we’ll end up with the same situation in Ireland where lesbian couples, like any other couple, are free to choose where they go for their fertility treatment without their children being punished for that decision by a lack of a legally recognised relationship with both their parents.”