LGBTQ+ rights and parenting: Paternity leave approved for intending mothers

In recent years, the recognition of the rights of LGBTQ+ families has made significant progress. Among the most significant issues is that of the intended mother . A ruling has established a significant innovation: even the intended mother has the right to paternity leave . This recognition represents a historic turning point in ensuring equality and protection for different parenting models.

Who is the intended mother?

The intended mother is one who, despite not having a biological link to the child, actively assumes the parental role within a couple. In many cases, this type of parenting occurs in same-sex families or in assisted reproduction settings, where both mothers are registered as parents by the civil registry .

Until now, the law did not recognize the intended mother's right to mandatory leave, which was reserved exclusively for the biological or adoptive father . This created an unequal situation, leaving the "second mother" deprived of a fundamental benefit in the first days of the child's life.

The Constitutional Court, with ruling no. 115/2025, declared Article 27-bis of Legislative Decree 151/2001 unconstitutional , which limited compulsory leave to the biological father only.

The Court emphasized that this exclusion was discriminatory and inconsistent with the principle of equality enshrined in Article 3 of the Constitution. The judges emphasized that the parental role cannot be based solely on biological factors , but must also take into account the legal recognition and effective exercise of parental responsibilities. Excluding the intending mother from the right to leave constituted a violation of the fundamental rights of both the parents and the child, which is why the provision was deemed unconstitutional.

Intentional mothers are entitled to paternity leave: what changes after the ruling?

The Constitutional Court's recent ruling no. 115/2025 marks a significant turning point in recognizing the rights of same-sex families. With this decision, even the intending mother will be able to take advantage of the 10 days of mandatory paid leave , previously granted only to the father.

This right will therefore be extended to all registered mothers, regardless of biological ties or sexual orientation. For companies and legislators, this means adapting existing regulations to a more inclusive legal framework that protects equal treatment and the well-being of the child.