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American Focus > Blog > Politics > Constitutional Court in Italy challenges traditional family by recognizing two women as mothers of a newborn.
Politics

Constitutional Court in Italy challenges traditional family by recognizing two women as mothers of a newborn.

Last updated: May 25, 2025 5:35 am
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Constitutional Court in Italy challenges traditional family by recognizing two women as mothers of a newborn.
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The Constitutional Court of Italy has recently made a landmark ruling permitting two women to be listed as the mothers of a newborn conceived through assisted reproduction abroad.

This decision, celebrated by LGBT activists, sharply contrasts with the traditional family model promoted by Prime Minister Giorgia Meloni’s government, which staunchly advocates for a family structure based on biological ties and the union of a man and a woman.

Sentence «two #mamme «, #ProVita & Family: «Existential lie for children» #22maggio #iltempoquotidiano

The case originated in Lucca, Tuscany, where a married lesbian couple sought to register their child as the descendant of both mothers. Italian law previously recognized only the biological mother, which forced the non-biological mother to pursue legal adoption.

Two women can both be registered as parents of a newborn child in Italy, according to the country’s top court, which deemed such a ban unconstitutional https://t.co/AVEIa23DIv

— Bloomberg (@business) May 22, 2025

In its ruling on May 22, 2025, the Constitutional Court declared the restriction unconstitutional, referencing Articles 2, 3, and 30 of the Constitution, which uphold fundamental rights, equality, and the welfare of children. The court argued that failing to recognize the non-biological mother harms the child by denying them a full legal relationship with both parents.

This ruling is perceived as a direct assault on the traditional family structure, historically defined in Italy by biological parentage and heterosexual marriage.

The pro-life organization Pro Vita e Famiglia condemned the ruling as a “mockery of human nature,” asserting that equating parenthood with a voluntary choice rather than biological connection undermines the very essence of family.

Prime Minister Meloni has been a vocal advocate for the traditional family, pushing policies that reinforce the roles of mother and father as social cornerstones.

In 2023, the Ministry of the Interior issued a directive prohibiting the automatic registration of non-biological mothers, reflecting the government’s commitment to preserving the classic family structure.

However, this court decision contradicts those initiatives, potentially paving the way for a model of parenthood that critics argue lacks a natural foundation.

Italy remains one of the more conservative nations within the European Union regarding LGBT rights. Assisted reproduction is restricted to married heterosexual couples, while surrogacy is heavily penalized with fines of up to one million euros and prison sentences—even for procedures legally performed abroad.

These stringent laws mirror a widespread societal reluctance to embrace alternative family definitions.

The ruling may normalize a family structure that some believe could confuse children and diminish traditional gender roles. A report from the Novae Terrae Foundation indicates that 68% of Italians believe a family should consist of a man and a woman, highlighting substantial resistance to these changes.

The Constitutional Court characterized parenthood as an “act of will and shared responsibility”—a definition that many defenders of traditional family values argue overlooks the significance of biological complementarity between men and women.

In contrast to countries like Spain, where families with same-sex parents enjoy full recognition, Italy’s deeply entrenched Catholic traditions make this ruling particularly contentious.

This ruling by the Constitutional Court signals a pivotal moment that could undermine the long-standing foundations of the traditional family in Italy.

The family, viewed as the cornerstone of society, is not merely a flexible construct; it is a natural structure vital for social stability and the holistic development of children. Acknowledging two women as mothers without biological ties contradicts Italian traditions rooted in Catholicism and poses a risk to the country’s cultural identity.

The pressing question remains: how long can Italy resist the encroaching influence of progressive ideologies that strive to redefine family away from its natural origins?

Defending the traditional family is not an act of intolerance; it is a commitment to preserving an institution that has historically served as the bedrock of Western civilization.

About The Author

Joana Campos

Joana Campos is a lawyer and editor with over 10 years of experience in managing international development projects, focused on sustainability and positive social impact. Previously, she worked as a corporate lawyer. She is a graduate of the University of Guadalajara.

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