Italy Will Now Allow Lesbian Couples Who Got Pregnant Abroad Using IVF To Both Be Legal Parents Of Their Child

Previously, the non-biological mother who didn't carry the baby had to undergo a complex adoption process that could take years.

italy ivf abroad lesbian mothers legal parents

Italy will now allow lesbian couples who got pregnant abroad using in vitro fertilization or IVF to both be legal parents of their child.

italy ivf abroad lesbian mothers legal parents
(Photo by Ivan Romano via Getty Images)

In Italy, same-sex couples are banned from accessing IVF, prompting many couples seek it abroad to start a family.

italy ivf abroad lesbian mothers legal parents
A 46 year-old Italian woman and her pregnant partner pose at their appartment in Rome. (Photo by TIZIANA FABI/AFP via Getty Images)

However, the non-biological mother who didn't carry the baby, still had to undergo a complex adoption process that could take years just to be listed as a mother on her child’s birth certificate.

italy ivf abroad lesbian mothers legal parents
(Photo by Mauro Ujetto/NurPhoto via Getty Images)

This meant that non-biological mothers were unable to take their child to the doctor without the other mother's permission and could even lose access to their child if they broke up with their partner or if their partner died.

italy ivf abroad lesbian mothers legal parents
Marchers walk with a giant rainbow flag as the LGBT community celebrates Pride. (Photo by Awakening/Getty Images)

But on May 22nd, Italy's top court ruled that the law violated children’s rights to receive care, education and emotional support from both parents.

italy ivf abroad lesbian mothers legal parents
(Photo by Simona Granati - Corbis/Corbis via Getty Images)

It also found it violated the parents' rights to equality and personal identity.

italy ivf abroad lesbian mothers legal parents
The rainbow families demonstrate in the square Piazza Castello. (Photo by Mauro Ujetto/NurPhoto)

The historic win comes at a time when far-right prime minister Giorgia Meloni’s government has been rolling back LGBTQ rights in the country.

italy ivf abroad lesbian mothers legal parents
Cristiano Giraldi, 44 and Giorgio Duca, 40, pose for a picture with their children. (Photo by Yara Nardi via Reuters)

However, the ruling does not apply to gay male couples, with only the biological dad being recognized.

italy ivf abroad lesbian mothers legal parents
Rainbow moms feed their babies during the demonstration. (Photo by Simona Granati - Corbis/Corbis via Getty Images)

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