Italian Court Grants Paternity Leave to Nonbiological Mothers in Same-Sex Unions

The Italian Constitutional Court has issued a ruling granting the nonbiological mother in a same-sex union the right to paternity leave. The court determined that the 2001 decree on parental leave was unconstitutional because it failed to recognize the nonbiological mother's entitlement to the mandatory 10-day leave. This decision equates her role with that of the father, emphasizing the importance of bonding time with the newborn.

The court's rationale centered on the child's right to spend time with both parents, regardless of their sexual orientation. The ruling marks the second such decision in recent months, celebrated by LGBTQ activists. These rulings come amidst efforts by the current government to limit surrogacy and promote traditional family values.

In May, the court ruled that both women in a same-sex relationship could be registered as parents on a birth certificate. This decision underscored that parental rights should not be limited to the biological mother in same-sex families. Italy has strict regulations on IVF and has prohibited surrogacy since 2004. The current government has expanded the ban to criminalize Italians who seek surrogacy abroad. The recent ruling specifically addresses women who have undergone legally obtained IVF treatments outside of Italy.

The Pro Life and Family association criticized the court's decision, labeling it as "ridiculous" and claiming it reflects the negative impact of "gender craziness" on Italy's social and legal systems. Conversely, lawmaker Alessandro Zan, a long-time advocate for LGBTQ rights, praised the ruling as a historic end to discrimination. He emphasized that love defines family and that every child deserves the care and protection of both parents, without discrimination.