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Italy Court Recognises Three Legal Parents in Landmark Ruling

5/12/2026, 11:55:41 PM

Core Decision: Three Parents Legally Recognised

A Bari appellate court ruled in January that a four-year-old child born in Germany has three legally recognised parents in Italy: two fathers and one mother. The child lives with two married men, one the biological father, and the mother, a friend of the couple. The non-biological father, an Italo-German citizen, adopted the child under German law and sought Italian recognition. A local authority had rejected the request over suspected surrogacy, but the court found no surrogacy arrangement and upheld the three-parent status.

Legal Background: Same-Sex Partnerships and Surrogacy Laws

Italy legalized civil unions for same-sex couples ten years ago, granting limited rights. The current conservative government, however, criminalises surrogacy both domestically and abroad. The Bari ruling was publicised as Italy marked the partnership-law anniversary.

Key Actors

The child, a four-year-old born in Germany, lives with two married fathers—one biological, one Italo-German adoptive—and the mother, a female friend of the couple. Their lawyer, Pasqua Manfredi, represents the family. The Catholic advocacy group Pro Vita & Famiglia opposes the decision.

Timeline

The child was born in Germany, after which the non-biological father adopted him under German law. He then applied for Italian recognition, which a local authority rejected on surrogacy grounds. The Bari appellate court reversed that decision in January, and the ruling was reported on 12 May, coinciding with the ten-year partnership-law anniversary.

Implications for Family Law

The ruling aligns Italy with Germany in recognising two fathers and a mother, confirming that Italian law can accommodate such family structures. It also highlights the clash between expanding family-law definitions and Italy’s surrogacy ban.

Official Statements & Responses

Pasqua Manfredi said the case involved no clandestine surrogacy and that all three adults genuinely sought parental status. Pro Vita & Famiglia condemned the decision, claiming it “upended family law, exposing minors to all kinds of social and ideological experimentations.”

Criticism & Opposition

Pro Vita & Famiglia argued the ruling disrupts traditional family structures and exposes children to ideological experimentation, reflecting broader conservative disquiet.

Conflicting Interpretations & Gaps

The local authority’s surrogacy suspicion conflicted with the appellate court’s finding of none, yet sources give no details on the evidence examined, leaving a gap in public understanding.

Verbatim Quotes

  • “There was no secret surrogacy deal here, this is a case of three people who all want to be the parents of this child, and the court recognised this,” — Pasqua Manfredi, lawyer
  • “upended family law, exposing minors to all kinds of social and ideological experimentations” — Pro Vita & Famiglia, Catholic advocacy group