Rights of Children in Same-Sex Families in Italy: EU Standards and Domestic Law

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The rights of children in the families of same-sex couples in Italy remain a contentious issue. Recently, under the leadership of the far‑right government headed by Giorgia Meloni, a ministerial circular sent to institutions prompted the Milan City Council to pause the registration of children born to same‑sex couples abroad in the civil registry. This move triggered street protests planned for Saturday by LGBTQ+ groups, the Five Star Movement, and the Democratic Party, all voicing strong opposition.

The dispute centers on the current right‑wing coalition in power. Italy has also seen a parliamentary resolution this week that questions certain aspects of this country’s stance. It does not recognize the European Certificate of Paternity, a document that would otherwise simplify cross‑border recognition of parentage across EU member states. The certificate aims to ensure that paternity is acknowledged and accepted throughout the European Union, affecting families formed by adoption and surrogacy born in other EU countries.

In particular, the proposal related to the European Certificate of Paternity was rejected by the Senate European Policy Committee, where the majority coalition backs Meloni. Proponents argued that some provisions did not respect principles of subsidiarity and proportionality. If this certificate were validated, critics warned, it could be seen as an overstep into European law at the national level.

Surrogacy Confusion

Despite the opposition, the right‑wing coalition’s stance remained clear. The move drew sharp rebukes from the opposition, which is led by the Democratic Party. Simona Malpezzi, the PD spokesperson in the Senate, emphasized that the European standard does not alter Italian laws and regulations. She stressed that the aim is to guarantee equal rights for children across European countries, prioritizing the welfare of minors. Opposing senators argued that the changes could imply tacit recognition of surrogacy, an practice that remains illegal in Italy. Matteo Salvini, head of the far‑right League, asserted that Brussels cannot decide Italy’s course and that children deserve a mother and a father.

National War

Against this backdrop, Milan Mayor Giuseppe Sala indicated that the issue could escalate to a national confrontation. He described the stance as a political and social setback and spoke from the perspective of parents who hope to rely on possibilities in Milan. The right‑wing position has found support from pro‑life groups and anti‑abortion advocates. A spokesman for Pro Vita and Famiglia argued that the government and Parliament should continue moving in this direction to keep surrogacy illegal in Italy, expressing a resolute view on the matter.

The discussions around this policy are not new. Earlier, in March 2022, during the period when Mario Draghi led the government, Turin authorities canceled the registration of children of same‑sex couples. The mayor at the time, Stefano Lo Russo, spoke of the decision with visible pain, indicating the political and social costs involved in such choices. These events reflect a long‑running debate in Italy about how to balance national laws with evolving European standards and the rights of families formed through same‑sex relationships and cross‑border arrangements.

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