Rainbow Families in Italy are facing a difficult legal battle to obtain the same rights as heterosexual couples. The conservative government led by Prime Minister Giorgia Meloni has taken a hard stance on the rights of the LGBT community, sparking outrage among same-sex couples and their children.
The Italian government issued orders in January that made it difficult for most children with same-sex parents to be registered with municipalities, complicating access to education and medical services. The measure stipulated that in most cases only the biological parent of children raised by gay or lesbian couples can have parenting rights, leaving the other partner with no legal role.
In addition, lawmakers proposed an anti-surrogacy law that would extend a national ban on surrogacy to couples who go abroad for the practice, with jail terms of up to two years and fines of up to €1 million. The law is widely seen as targeting gay couples, who are unable to adopt or resort to artificial insemination in Italy.
Rainbow Families, a group representing same-sex parents in Italy, estimates that its members are parents to around 1,500 children, but this underestimates the national total. Same-sex couples in Italy that want to have a baby have to go abroad, as surrogacy, artificial insemination, and adoption are not available for them domestically. Heterosexual couples, on the other hand, can adopt and resort to artificial insemination.
The absence of a national law on LGBT couples and their children means that mayors are unable to accept birth certificates of foreign-born surrogate children with two fathers. This means that non-biological parents cannot collect their children from school or request medical treatment for them without written authorisation from the legal parent. Furthermore, if the legal parent dies or becomes seriously ill, the surviving partner has no rights over the couple’s children, who risk going to foster homes or being entrusted to other relatives.
While the governing parties have a solid majority in parliament, it is unclear whether the bill will eventually pass, amid doubts about its legal grounding and warnings that it would disproportionately affect same-sex couples. A recent Ipsos poll showed that 45% of Italians are in favour of legal recognition for surrogate-born children, versus 26% who are against.
The government’s actions have sparked outrage among Rainbow Families, who feel they are being discriminated against. The absence of joint recognition of same-sex couples means that non-biological parents can still obtain parenting rights through the special stepchild adoption procedure, but it takes years, can cost thousands of euros, and involves court hearings and interviews by social services.
Family Minister Eugenia Roccella defended the government’s orders to mayors, stating that there is no discrimination against these children as they can still access schooling and medical services through one legal parent. However, this argument has been met with resistance from Rainbow Families, who feel that they are being treated unfairly.
The situation is far from ideal for same-sex parents in Italy, who are fighting for the same rights as heterosexual couples. While eight-year-old Emanuele Giraldi Duca may feel that everything is normal, simple, and easy at home, the reality is far more complex and challenging.