Historic ruling in Italy: both mothers recognized in cases of IVF abroad.

On May 22, 2025, the Italian Constitutional Court issued a historic ruling that marks a turning point in the recognition of the rights of same-sex parent families. With decision No. 68, the Court declared unconstitutional the prohibition against the intentional mother — that is, the woman who, without having given birth, expressed her consent for medically assisted procreation (IVF) carried out abroad alongside the biological mother — from being recognized as the parent of the child born in Italy.

The legal context.

The issue was raised by the Court of Lucca, which questioned the constitutional legitimacy of Article 8 of Law 40 of 2004, in the part where it does not foresee recognition of the intentional mother. The Court considered that this omission violates Articles 2, 3, and 30 of the Constitution, as it harms the minor’s right to personal identity, denies stable legal recognition from birth, and contradicts the principle of equality without valid constitutional justification.

The best interest of the child at the center.

The Court emphasized that preventing a child born in Italy from obtaining the status of a recognized child by the intentional mother from birth does not guarantee their best interest. In particular, the lack of recognition harms the child’s right to maintain a balanced and continuous relationship with both parents, to receive care, education, instruction, and moral support from both, as well as to preserve meaningful relationships with grandparents and relatives from each parental line.

The testimony of the mothers involved.

Glenda and Isabella, a couple from Lucca, were directly involved in the case that led to the ruling. Married and mothers of two children, they had obtained legal recognition for only one child, while the other, born after a 2023 ministerial circular that prohibited recognition of the intentional mother, had been denied it. Upon learning of the ruling, they declared: “Emotional, moved, happy. We did not think we would be the first.”

Future implications.

This decision represents a significant change in the Italian legal landscape by recognizing the right of children born to same-sex couples to have both mothers legally recognized from birth. However, the Court also specified that the ruling does not affect the conditions regulating access to IVF in Italy, which remain unchanged.

In conclusion, decision No. 68 of the Constitutional Court affirms the principle that the parental bond derives from the shared commitment of the couple who decides to resort to IVF, a commitment from which neither parent can disengage. This legal recognition is a step forward toward equality and protection of the rights of minors born into families with two mothers.

At Mater Clinic, we celebrate this historic ruling that reaffirms the importance of legal recognition for all forms of family, respecting the rights and well-being of the child from birth. Our commitment is to accompany all couples, regardless of their composition, on their path to motherhood, offering personalized advice and fertility treatments that are safe, ethical, and delivered with human and professional care.

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