The Constitutional Court Allows Legal Recognition of Non-Biological Mothers

May 27, 2025

An historic ruling has affirmed the right of both mothers to parental recognition. However, the prohibition on access to assisted reproduction for single women remains in effect.

With Judgement No. 68 of May 22^nd, 2025, the Constitutional Court declared that it is unconstitutional to prevent legal recognition of the non-biological mother as a parent of a child born in Italy through PMA (medically assisted procreation) carried out abroad under foreign laws.

Why was this prohibition considered unconstitutional?

The Court found that Article 8 of Law 40/2004 goes against Articles 2, 3 and 30 of the Constitution. According to the judges, the law denies children the right to a clear and stable legal identity from birth and fails to fully protect their right to be recognised as the offspring of both mothers.

How does this impact children?

This decision is based on two key principles:

1. People choosing to have a child through assisted reproduction, take on parental responsibility from the beginning.
2. For the child’s best interests, both parents, including the intended (non-biological) mother, should be legally recognised as parents from birth.

What about access to PMA for single women?

With Judgment No. 69 of May 22^nd, 2025, the Court instead confirmed the restriction on single women accessing assisted reproduction. Although, this limit affects individual freedom, the Court stated that it is not clearly unfair or disproportionate. Since the topic involves sensitive ethical and social issues, each judge has the right to make this decision.

This article was written by Giuditta De Ricco and Santa Maturo.

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