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Parenting rights for same-sex couples in Italy: banned, restricted — and evolving
Italy presents a complex and evolving legal landscape for gay and lesbian couples who wish to become parents. While many jurisdictions in Western Europe have progressed toward full equality of marriage and parenting rights for same-sex couples, Italy remains far more restrictive — though recent court decisions are beginning to shift the terrain. Below is a breakdown of the key features, legal obstacles, recent developments and what lies ahead.
1. The legal framework and status quo
Civil unions but no same-sex marriage
Since 2016, same-sex couples in Italy have been able to enter into the legal institution of civil unions (Legge Cirinnà) — but not same-sex marriage.
This matters for parenting rights, because many adoption laws and parental recognition criteria are tied to the status of “married couples”.
Adoption and parenting rights
• The key adoption law in Italy is Law No. 184 of 1983, which states adoption is generally permitted only for married, opposite-sex couples.
• Same-sex couples in Italy therefore face legal exclusion from standard adoption and from many parental recognition processes. A 2024 academic study states: “Today in Italy, it is impossible for same-sex couples or single lesbian women and gay men to adopt a child … children born to families with same-sex parents are children of only one legal parent.”
• Surrogacy is illegal in Italy, and going abroad to use surrogacy has been increasingly criminalised: as of recent legislative changes, Italians using surrogacy abroad may face prosecution.
Recognition of parenthood in practice
• Some municipalities had allowed non-biological same-sex parents (especially in female couples) to register as parents, or to have “two mothers” on the birth certificate, but this was done on a local basis, not via a clear national law.
• However, the national government has taken steps to reverse or curb these local practices by instructing municipalities to recognise only one (biological) parent in cases of same-sex couples.
2. Why same-sex couples face major obstacles
Legal exclusion due to marital status
Because adoption law demands a married, opposite-sex couple, same-sex couples are excluded by definition. This structural exclusion means they cannot adopt together as equals in many cases.
Restricted access to medically assisted reproduction (MAR) and surrogacy
• In vitro fertilisation (IVF) and other medically assisted reproduction are legally restricted to heterosexual couples in Italy; same-sex couples cannot access them domestically.
• Surrogacy is prohibited in Italy and recent legislation seeks to criminalise even Italians going abroad to have children via surrogacy, which disproportionately affects gay men (who often rely on surrogacy abroad).
Lack of full legal recognition for non-biological parent
Even when a same-sex couple has a child (via foreign MAR or surrogacy), the non-biological partner often faces enormous legal hurdles to be recognised as a parent — sometimes requiring a special adoption route or court decision.
Political and cultural resistance
The current Italian government under Giorgia Meloni emphasises “mother and father” as the family model, and the government has resisted expanding same-sex parenting rights, seeking instead to strengthen restrictions.
3. Recent developments: cracks in the wall
Despite the heavy restrictions, a few important court decisions are starting to shift the legal landscape:
• In May 2025, the Italian Constitutional Court (Corte Costituzionale) ruled that a lesbian couple — where one partner carried the child abroad via medically assisted procreation — must have both mothers recognised on the birth certificate. The court declared the refusal to recognise the non-biological, intending mother as a violation of constitutional rights (Article 2, 3 & 30).
• In July 2025, the Constitutional Court further held that the non-biological mother in a same-sex union is entitled to paternity leave (the mandatory 10-day leave) — recognising her as equivalent in parental responsibility.
• These decisions mark progress, especially for female same-sex couples, but they do not yet mean full equality for all cases (e.g., male couples via surrogacy) or eliminate all legal hurdles.
4. What still remains banned or uncertain
• Same-sex couples do not have full legal access to adoption together as equal parents in many cases. The default adoption law still demands married opposite-sex couples.
• Surrogacy remains illegal in Italy, and punitive legislation for Italians using surrogacy abroad is making the situation riskier for gay men in particular.
• Recognition of parenthood when children are born abroad (via foreign MAR or surrogacy) remains inconsistent and legally uncertain, especially for male same-sex couples.
• There is no dedicated national statute fully addressing same-sex parenting rights; much remains reliant on court decisions or local municipal practices.
5. Impact on families and children
• Same-sex couples face high emotional, legal and financial barriers to becoming parents. Many must go abroad for MAR or surrogacy, then engage in prolonged legal battles to receive recognition.
• Children in these families may lack full legal recognition of both parents. That can affect their rights to inheritance, custody if one parent dies, access to services, or merely registered status.
• The patchwork of municipal practices means that outcomes vary hugely by city — some local authorities had been more progressive, while national directives are pushing back.
6. Where things might be heading
• Further court decisions are likely to continue expanding recognition of same-sex parents, particularly for female couples. The Constitutional Court has already taken strong positions in 2025.
• Pressure remains on the Italian Parliament to pass more comprehensive legislation covering same-sex parenting rights — but given political resistance, this may take time.
• Legal activism and advocacy by organisations such as Famiglie Arcobaleno and Rete Lenford continue to push for full equality.
• The risks for male same-sex couples (surrogacy abroad, non-recognition of parenthood) remain particularly high. Unless surrogacy laws or recognition rules are changed, many will continue to face exclusion or heavy legal burdens.
7. Conclusion
In summary: yes — in Italy same-sex couples currently face significant bans and barriers when it comes to parenting. They cannot rely on a clear and equal legal framework for adoption, surrogacy is prohibited, and recognition of parenthood remains precarious and inconsistent. Yet the story is not static. Recent court rulings have begun to chip away at the rigid exclusion of non-biological same-sex parents, especially in female couples. For those writing about the topic, the key message is one of partial progress amid continuing structural limitations.
Attached is a News article regarding gay and lesbian couples banned from having children
https://www.bbc.co.uk/news/articles/c62rmv63069o.amp
Article written and configured by Christopher Stanley
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