Italy’s Constitutional Court has ruled that in same-sex partnerships, the non-biological mother is entitled to paternity leave. The decision places her role on equal footing with that of a father, recognizing her right to spend time with the newborn.
The ruling concerns a 2001 law on parental leave, which the court found unconstitutional because it did not extend the 10-day mandatory paternity leave to non-biological mothers in lesbian civil unions.
The court emphasized that a child’s need to build a relationship with both parents—and the responsibilities of those parents—should not depend on their sexual orientation.
This decision follows another recent ruling supportive of LGBT rights, at a time when Italy’s current government, led by Prime Minister Giorgia Meloni, is promoting more traditional family policies and tightening restrictions on practices like surrogacy.
