On May 22, 2025, Italy's Constitutional Court delivered two pivotal rulings that significantly impact the nation's reproductive rights and family law.

The court upheld the existing ban on in vitro fertilization (IVF) for single women, maintaining that only heterosexual married couples are eligible for such treatments within the country. Simultaneously, the court recognized both partners in same-sex female couples as legal parents of children conceived through IVF abroad, marking a substantial advancement in LGBTQ+ parental rights.

The decision to uphold the IVF ban for single women stems from Italy's Law No. 40/2004, which restricts access to medically assisted reproduction (MAR) to heterosexual couples who are married or cohabiting. Single women and same-sex couples are explicitly excluded from accessing these services. The court acknowledged that the legislature has the authority to amend the law to include single women but deferred the decision to Parliament, which has shown limited interest in revising the decades-old legislation.

In contrast, the court's ruling on same-sex parental rights represents a significant shift in Italian family law. Previously, only the biological mother in a same-sex female couple was recognized as the legal parent, necessitating the non-biological mother to undergo a lengthy and complex adoption process to gain legal recognition. The court's decision now allows both partners to be listed as parents on the child's birth certificate without the need for adoption procedures, provided the child was conceived through IVF abroad.

This ruling was prompted by a case in Lucca, where a same-sex female couple sought legal recognition for both partners as parents of their child conceived via IVF overseas. The court found that excluding the non-biological mother from legal parenthood violated constitutional principles, including equality and the child's right to care and education from both parents.

LGBTQ+ advocates have hailed the decision as a historic advancement for civil rights in Italy. Alessia Crocini, president of Rainbow Families, stated, "This ruling is a significant step forward in recognizing the rights of diverse family structures in Italy." However, conservative groups have criticized the decision, arguing that it undermines traditional family values.

Italy is currently facing demographic challenges, including a declining birth rate. In 2023, the country recorded the lowest number of births since its unification in 1861. The government's efforts to boost national birth rates have so far had limited success. The court's decisions highlight the ongoing tension between traditional values and evolving societal norms in Italy. While the recognition of same-sex parental rights marks progress for LGBTQ+ families, the continued restriction of IVF access based on marital status underscores the challenges single women face in pursuing parenthood through assisted reproductive technologies.

The Constitutional Court's acknowledgment that the legislature has the authority to amend the law regarding IVF access suggests a potential avenue for future legal reforms. However, given Parliament's historical reluctance to address this issue, significant changes may not be imminent. As Italy grapples with demographic challenges and shifting societal attitudes, the balance between preserving traditional family structures and embracing diverse family models remains a contentious and evolving issue.