Italy's Constitutional Court: Same-sex partner who is not the child's biological mother has right to parental leave

The court found that a 2001 decree on parental leave was unconstitutional because it did not recognize that a woman who is not the biological mother in a lesbian civil union also has the right to mandatory ten days of parental leave in Italy.

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From the pride parade in the Italian city of Naples, which was held on July 5th this year, Photo: Reuters
From the pride parade in the Italian city of Naples, which was held on July 5th this year, Photo: Reuters
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

In Italy, a partner in a same-sex union who is not the biological mother of the child is entitled to parental leave, according to a ruling by the country's Constitutional Court.

The court found that the 2001 decree on parental leave was unconstitutional because it did not recognize that a woman who is not the biological mother in a lesbian civil union also has the right to mandatory ten days of parental leave in Italy.

The court states that the child's interest in spending time with both parents, as well as parental obligations, do not depend on their sexual orientation.

In May, the constitutional court ruled that two women can be registered as parents of a child on a birth certificate, stating that recognition of parental rights cannot be limited to the biological mother in families with same-sex parents.

Far-right Prime Minister Giorgia Meloni strongly advocates against surrogacy and for "traditional values".

Italy has strict restrictions on in vitro fertilization and has banned surrogacy since 2004. Last year, the country expanded the ban and criminalized having children through this method abroad.

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