PMA abroad and double maternity: the Constitutional Court opens to the recognition of the child of both mothers

Sentence no. 68/2025: unconstitutionality of art. 8 L. 40/2004 and protection of the minor's interest

With ruling no. 68 of 22 May 2025, the Italian Constitutional Court marked a turning point in the field of medically assisted procreation (PMA) and the rights of children born to homoparental couples. In particular, the rule that prevented the recognition of the "intentional mother" in cases where the PMA had taken place abroad by couples formed by two women was declared unconstitutional.

What changes with this ruling?

According to the Constitutional Court, the rule that denies a child born in Italy the status of child of the woman who, together with the biological mother, has expressed consent to the use of PMA abroad, in accordance with the laws of that country, is contrary to Articles 2, 3 and 30 of the Constitution. This denial:

violates the minor's right to personal identity;

undermines the right to have two parents from birth;

hinders the right to bi-parenting and emotional and relational continuity.

The principle of shared parental responsibility

The Court clarifies that when two people decide together to resort to PMA with the intention of taking on parenthood, this commitment cannot be disavowed by law. Not even the intended mother can escape the responsibilities arising from this shared family life project.

In this sense, the principle of social parenting is strengthened, in which intention, care and responsibility are as important as the biological bond.

The rights of the minor at the centre

The ruling emphasizes that:

the child has the right to be recognized by both mothers;

must be able to receive education, assistance and affection from both parental figures;

has the right to relations with the relatives of both mothers.

In other words, the best interests of the minor must prevail over any regulatory rigidity that could jeopardize his or her identity or emotional stability.

Legal implications and future prospects

The Court's decision opens the way for:

an organic reform of the right of filiation in an inclusive manner;

the adaptation of administrative practices (municipalities, registry offices, prefectures) for the recognition of both mothers;

an evolution of the concept of family in light of the fundamental rights of the minor.

Conclusion

This historic ruling confirms that the right of the minor to have two parents cannot be limited by normative formalisms, especially when behind the birth there is an authentic, shared and conscious parental project. A great step towards an inclusive constitutional justice that respects contemporary family realities.