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Italy’s constitutional court has ruled that the non-biological mother in a same-sex union is entitled to paternity leave, equating her role with that of the father and therefore entitled to bonding time with a newborn.
The court found on Monday that a 2001 decree on parental leave was unconstitutional because it didn’t recognise that the non-biological mother in a lesbian civil union was also entitled to Italy’s mandatory 10-day paternity leave.
The court argued that the child’s interest in having time with both parents and the parents responsibilities didn’t depend on their sexual orientation.
It’s the second ruling in as many months hailed by LGBTQ+ activists amid efforts by the far-right-led government of Premier Giorgia Meloni to crack down on surrogacy and promote traditional family values.
In May, the constitutional court ruled that two women can register as parents of a child on a birth certificate, saying recognition of parental rights can’t be restricted to the biological mother alone in families with same-sex parents.
Italy has strong restrictions on IVF and has had a ban on surrogacy since 2004.
Last year, under the Meloni government, the country expanded the ban to criminalise Italians who go abroad to have children through surrogacy.
Monday’s ruling addresses women who have gone abroad for legally procured IVF treatments.
As with the May ruling, the association Pro Life and Family criticised the court’s decision as “ridiculous,” citing it as further evidence of how “gender craziness” was impacting Italy’s social and legal order.
Lawmaker Alessandro Zan, who has long pushed for greater LGBTQ+ rights in Italy, hailed the ruling as an historic end to an “unjust and cruel discrimination.”
“Justice reminds the government of a simple principle: love is family, and every boy and girl is entitled to the care and protection of both parents, without discrimination,” he said in a social media post.
Additional sources • AP