by InTrieste
Italy’s Constitutional Court has taken a significant step forward in recognizing the rights of same-sex couples who share a parenting project, ruling that current legislation denying mandatory paternity leave to the non-biological mother in lesbian couples is unconstitutional.
The decision, filed under judgment no. 115 and released on Monday, found that Article 27-bis of Legislative Decree No. 151/2001 violates constitutional principles by failing to extend mandatory paternity leave to a female parent who is part of a same-sex couple, both of whom are recognized as legal parents in civil records.
The case was brought before the court by the Court of Appeal in Brescia, which questioned the fairness of a provision allowing only fathers to access the 10-day paid mandatory leave, thereby excluding the “second mother” in families with two legally recognized mothers. The lower court argued that this omission constitutes discrimination.
Italy currently provides 10 days of mandatory paid paternity leave at full salary. The court’s ruling does not redefine the term “father” in the existing law, but instead emphasizes that the benefits tied to that role must be extended to the non-biological, but legally acknowledged, parent in same-sex female couples.
While same-sex civil unions have been legal in Italy since 2016, legal protections and recognitions for same-sex families—particularly in matters related to children—remain a contested and evolving area of law. This ruling marks another milestone in the broader effort to ensure equal treatment for all family structures under Italian law.
The decision is likely to influence future legislative discussions and could prompt broader reforms in Italy’s family and labor law frameworks.
