In a landmark ruling in Italy, a mother in a same-sex couple has been legally recognised as the parent of her children, born through IVF, after her death. Following the ruling, the children will have access to the woman’s full pension and other benefits.

Federica Fontana, a well-known Italian archaeologist, died at 61 in May 2024. She is survived by her wife, Emanuela Murgia, and two children the couple conceived through IVF. Since same-sex couples do not hold full parental rights in Italy, Fontana wasn’t recognised as the mother of her children while she was alive.

Following Fontana’s death, her widow decided to bring the case before the court and ask for her deceased partner to be recognised as a parent to their children. “For me it was a way to complete something we wanted to do together: a great reason to live, in the face of such a great loss,” she shared with the Italian press.

“It was my eldest daughter who made me understand that I had to do it. She signed a drawing with a double surname, even though her birth certificate only had mine,” she said.

Fontana and Murgia had entered a civil union in 2022, after finding out about Fontana’s terminal illness. However, following her death, Murgia “realised that the children were cut off from a lot of things: from scholarships for orphans to their mother’s pension.”

Bringing the case before the Trieste Tribunal, Murgia was represented by LGBTQ+ law firm Rete Lenford. In the historic ruling, the court recognised Fontana as the “intentional mother” of the children, meaning a person who has planned and shared the birth and upbringing of a child together with the biological parent.

Following the ruling, the two children are entitled to the social security and welfare benefits of their deceased mother, including 100% of her pension.

Rete Lenford welcomed the court’s decision, saying: “The judges have ruled that filiation can be established even for a deceased mother, when a shared procreative intent is proven. This is an important step, reinforcing the principle that the protection of the personal and family identity of girls and boys must remain at the heart of the legal system.”

“When we went to change the documents to include their mother, Chicca, the girls were thrilled,” Murgia said. “I’m relieved: I know that’s what Federica wanted.”