Laws

ITALY

Limited information only available for these topics

Access to Children
Adoption of Children
Annuities
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Bullying
Censorship
  Civil Unions
Custody of Children
Defamation
Discrimination
Estates, Inheritance
Fostering Children
Gender Identity
Harassment
Hate Crimes
  Health, Medical
HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Migration
Military
  Parenting
Partners
Pensions
Privacy
Property
Sodomy
Succession, Wills
Transgender, Transsexual
Violence
Wrongful Death

Please read the Disclaimer

Age of Consent Legislation/Cases/References
1.

National

The age of consent for male homosexual sex is 14 years [R1.1].

R1.1 Interpol: Sexual offences against children PDF 29.8kb, Spring 06
Sydney Star Observer: The Age of Consent and Gay Men in New South Wales 28 MAR 02 page 7
Annuities, Pensions, Superannuation Legislation/Cases/References
1.

National

On 05 June 2016 the new civil uions law came into force guaranteeing that should a cohabitating partner die, a pension of the dead partner (for example a disability pension) can be transferred to the partner who has survived him/her [R1.1].

This is not the case, however, for heterosexual couples, where legal marriage is a requirement for such a pension (of a dead person) to be transferred to his/her surviving spouse. [R1.1].

R1.1 West: Unacceptable discrimination between unmarried heterosexuals and gay couples 04 NOV 16
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
See also: [ESTATES] [PARENTING]
1.

National

In February 2004, Italy's parliament approved a contentious law on assisted reproduction aimed at reining in the unregulated world of fertility medicine, prohibiting the use of donor sperm, eggs or surrogate mothers and restricting assisted fertilisation to "stable" heterosexual couples - not single mothers or homosexuals [R1.2].

Previously:

In December 2003, Italy's Senate approved tough new rules restricting fertility treatments to heterosexual couples who live together and are of childbearing age [R1.1].

The law also bars egg or sperm donation, as well as the use of surrogate mothers, and rules out treatment for gays, single people and elderly women.

It imposes tough sanctions: Fines of $363,000 to $726,000 for using donors, and 10- to 20-year jail terms and fines up to $1.21 million for doctors who try to clone humans.

2.

Courts & Tribunals

On 08 January 2017, it was reported that the Court of Appeal in Milan ordered the Registrar to transcribe in full in the register the birth certificates of twin boys born in the United States using in vitro fertilization and surrogacy. Each of the two children is the biological child of two married Italian fathers. Importantly, the Court for the first time recognized that a child's best interest comes before the legality of how the child was born [R2.1].

R1.2 The Age: Italy to Curtail Fertility Laws 14 JAN 04
R1.1 Associated Press: Italian Senate OKs Law Restricting Fertility Treatments to Heterosexual Couples, No Donors Allowed 11 DEC 03
2. Courts & Tribunals
R2.1 TheWashingtonPost: These two baby boys are twins, but an Italian court says they arenít brothers 08 JAN 17
FamiglieArcobaleno (in Italian): Appeal Court of Milan: The birth certificates of two twins born in the United States through surrogacy are fully transcribed 03 JAN 17
Asylum, Immigration, Migration, Refugees Legislation/Documents/Cases/References
1.

National

On 26 October 2012, the Ministry of Internal Affairs officially confirmed with a Directive letter that same sex partners of Italian or EU citizens are entitled to obtain a family permit of stay in Italy, provided that their marriage is duly registered and recognized by the foreign country where the marriage was celebrated [D1.2], [R1.1].

2.

Courts & Tribunals

On 30 June 2016, the European Court of Human Rights held 6-1 that a refusal by the Italian authorities to grant a residence permit to a gay couple on family grounds was an unjustified discrimination in violation of Article 14 (prohibition of discrimination) taken together with Article 8 (right to respect for private and family life) of the European Convention on Human Rights [C2.3], [R2.2].

On 26 March 2012, a court in Reggio Emilia, was reported to have ruled that authorities had violated European Union norms on freedom of movement by denying a residence permit to a Uruguayan man whose application was initially rejected because his same-sex marriage to an Italian is not recognized by the country's laws [R2.1].

D1.2 Ministero dell'Interno: Union between persons of the same sex. Residence permit pursuant to Legislative Decree 30/2007 Prot. 0008996 (in Italian) PDF 409.08kb, 26 OCT 12
R1.1 Peregrine: Ministry of Internal Affairs validates same sex partnerships 14 NOV 12
C2.3 Judgment (in French): Affaire Taddeucci et McCall c. Italie No. 51362/09 PDF 583.33kb 30 JUN 16
R2.2 European Court of Human Rights (Press Release): Refusal to grant residence permit to gay couple on family grounds was unjustified discrimination ECHR 235 (2016) PDF 105.89kb 30 JUN 16
R2.1 BikyaMASR: Gay Uruguayan man receives permit to live in Italy with partner 26 MAR 12
Censorship, Freedom of Association, Freedom of Expression, Free Speech, Right of Assembly Legislation/Cases/References
1.

Cities & Towns

On 01 September 2015, the Regional Council of Veneto passed a motion 24-9 in an attempt to forbid the teaching of gender equality and respect for LGBTI people in schools. The attempt is seen as designed to scare or pressure teachers as the national government controls what is taught in schools [R1.2].

On 09 July 2015, it was reported that Venice Mayor Luigi Brugnaro had banned a total of 49 books covering homosexuality and discrimination from schools, including a French book titled 'Jean Has Two Mums', a story of a wolf family where the cub has two mothers [R1.1].

R1.2 GayStarNews: Venice votes to ban LGBTI promotion in schools, Milan may follow 10 SEP 15
R1.1 TheIndependent: New Mayor of Venice Luigi Brugnaro bans books about homosexuality from city schools 09 JUL 15
Children, Access, Custody, Visitation Legislation/Cases/References
See also: [GENDER IDENTIY]
1.

Courts & Tribunals

On 11 January 2017, it was reported that a Juvenile Court in Padua, in the Veneto region of northern Italy, ordered that boy must be transferred to a community away from home reportedly basing its ruling on the fact that the unnamend boy's parents had 'fallen from parental responsibility', apparently by allowing him to go school wearing eye shadow, painted nails and glitter on his face. The social services argued that his effeminate attitudes and behaviour are chargeable to his mother and sisters, as his role models are women and claimed the child has a 'personality disorder' [R1.1].

R1.1 GayStarNews: Mother loses custody of teen son because he is 'too effeminate' 11 JAN 16
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

National

On 21 July 2016, the Interior Ministry reportedly announced that starting Friday mayors across the country will be taking bookings for same-sex civil union ceremonies to be carried out starting mid-August [R1.9].

As of 05 June 2016, the Italian civil unions law came into force recognizing same-sex civil unions officiated within Italy, as well as same-sex marriages and civil unions officiated outside of Italy. While the law has been published officially, various decrees within Italy have yet to be issued specifying exactly what rights same-sex couples will be granted; same-sex couples will not be given full marriage rights [R1.8].

Italy's new civil unions law extends to gays some of the same rights and protections that married heterosexual couples currently enjoy. The main elements of the law are set out in the article accessed via the link at [R1.7].

On 11 May 2016, the lower house of parliament voted 369-193 in favour of a vote of confidence in the government over the civil unions issue, making approval of the contentious bill allowing civil unions between homosexuals automatic. The Bill extends some the rights enjoyed by heterosexual married couples, such as the right to receive a deceased partners' pension, to inherit each others' assets and to take each others' surnames. but does not allow gay couples the right to adopt the biological children of their partners [R1.6].

On 25 February 2016, after removing provisions giving unmarried couples some adoption rights, the Senate approved 173-71 a civil unions bill. If passed by the lower house later this year, the Bill will give homosexual and heterosexual couples the right to receive a deceased partner's pension, the right to take a partnerís name, inheritance rights and next-of-kin rights in medical emergencies [R1.5].

On 10 June 2015, the Lower House of passed a motion that commits the government 'to promote the adoption of a law on civil unions, particularly with regard to the condition of the people of same sex' [R1.4].

On 14 May 2013, Italy's Parliament approved a rule which will allow gay MPs to extend their healthcare benefits to their partners. Deputy Alessandro Zan called for the wide application of the same principle to all same-sex couples in Italy, saying that it should not be limited just to government employment [R1.3].

On 10 October 2012, it was reported that the Interior Ministry had changed an internal document on police mobility (Department of Public Safety No. 333-A/9807.E.1/3368-2012 of May 14, 2012 entitled: "Regulation of the mobility demand of the staff of State Police of the roles of superintendents, assistants, and agents, who want to change their place of employment.") allowing LGBT police and their partners to request a transfer from one city to another for 'family reasons' [R1.2].

On 26 August 2010, the joint synod of the Waldensian and Methodist Protestant churches agreed to authorise the blessing of same-sex couples in church under certain conditions [R1.1].

2.

Regions

In April 2004, the Statute Commission of the Regional Council of Tuscany completed two articles regulating couples that concern the safeguarding of the family values based on marriage and the recognition of other forms of living together [R1.2].


In 2002, the Valle d'Aosta region gave certain rights to same sex couples, like the ability to take out a loan together [R1.1].

3.

Cities & Towns

On 29 January 2015, the Rome City Council voted in an amendment enabling gay marriages contracted abroad to be automatically transcribed into the newly created civil union register [R3.10].

As at 12 June 2013, over 140 municipalities including Pisa, Florence, Perugia, Ravenna, Milan, Bologna, Padova, Torino, and a host of lesser-known cities and towns, have approved same-sex civil union registries [R3.9].

On 11 June 2013, the Vimercate town assembly in Lombardy voted to change the local rules so gay and lesbian couples now have the right to apply to have adjacent graves in the local cemetery when they die [R3.8].

On 25 April 2013, the town of Arcore was reported to have introduced an official register for its same-sex couples, extending some rights including access to local benefits, like council houses and family support allowance [R3.7].

On 08 November 2012, Bologna city council was reported to have passed a local law allowing same-sex couples to decide for themselves questions of burial and cremation, ousting family relatives from the process [R3.6].

On 18 September 2012, Milan's civil union registry opened and gay activist and politician Paolo Hutter and his companion Paolo Oddi signed the first certificate in a symbolic act. The register provides a measure of formal recognition in the eyes of local law [R3.5].

On 26 July 2012. resolution no. 30 of the Milan City Council approved the establishment of the Register of Civil Unions. Registration entitled couples to local benefits and local welfare [R3.4].

A other few cities, namely Bologna, Florence [R3.3], Pisa [R3.2], Ferrara and Terni have instituted civil registers that take note of same-sex marriages, but they have no legal implications.


On 16 October 1997, Pisa City Council's credit arm was reported to offer a discount equal to 1% of the loan mortgage plus a 2% cash injection directly from the Council to couples in a committed relationship, under 35 years of age and with a modest income [R3.1].

4.

Courts & Tribunals

On 21 July 2015, the European Court of Human Rights condemned Italy for failing to provide legal recognition to same-sex couples and said the country should introduce some form of civil union for homosexual couples, ordering Italy to pay each of three same-sex couples €5,000 (£3,500) in damages and up to €10,000 jointly to cover their costs and legal expenses [C4.6], [R4.5].

On 09 February 2015, Judge MG Luccioli in the Corto Suprema Di Cassazione ruled there is nothing in the Constitution that requires the government to extend marriage rights to LGBTI people however, same-sex couples should have the same rights as unmarried Italian opposite-sex couples [C4.4], [R4.3].

On 14 May 2013, a local court in Milan was reported to have recognized the British civil partnership between Cristian and Federico enabling them to be added to the Milan's Registro delle Unioni Civili and apply for local benefits and local welfare [R4.2].

On 15 March 2012, the highest civil court opened the way for homosexuals to have the same rights as heterosexual married couples, but it upheld a ban on gay marriage and said those celebrated abroad were not valid in Italy. The court said that homosexuals have the right to "a family life" and, "in specific situations," to "be treated the same as couples married by law" [R4.1].

R1.9 TheLocalIT: Italy to start performing civil unions from mid-August 22 JUL 16
R1.8 RelocateMagazine: Key changes to immigration regulations in the European Union, Italy, Nigeria, Panama and South Africa 20 JUN 16
R1.7 ANSA: Factbox: Italy's new civil unions law 11 MAY 16
R1.6 TheTelegraph: Italian parliament gives gay unions the green light 11 MAY 16
R1.5 Euronews: Italian Senate approves diluted civil union bill 25 FEB 16
R1.4 GayStarNews: Italy passes gay civil union motion for first time 11 JUN 15
R1.3 PinkNews: Benefits approved for same-sex partners of MPs 14 MAY 13
R1.2 GayStarNews: Italian cops have their gay families recognized 10 OCT 12
R1.1 Ekklesia: Historic Italian Protestant churches agree to bless same-sex couples 31 AUG 10
R2.2 Agenzia Giornalistica Italia: Gay Couples in Tuscany Celebrate Recognition 07 APR 04
R2.1 International Herald Tribune: Gay couple test the legal limits with Dutch marriage 07 JUN 02
R3.10 GayStarNews: Rome recognizes gay civil unions 29 JAN 15
R3.9 Gayapolis: 150 Cities Now Offer Civil Unions for Gays and Lesbians 12 JUN 13
WikiPink: List of municipalities that have approved the register of civil unions (in Italian) (Accessed 13 JUN 13)
R3.8 GayStarNews: The Italian town where gay couples can't marry but can die together 12 JUN 13
R3.7 GayStarNews: Berlusconi's hometown gives gays local marriage rights 25 APR 13
R3.6 GayStarNews: Bologna's new law means you're better off dead 08 NOV 12
R3.5 Gazzetta del Sud: Civil union registry debuts in Milan 18 SEP 12
R3.4 Comune di Milano: Registro delle Unioni Civili (in Italian) (Accessed 14 MAY 13)
R3.3 The Sun-Herald: Church Fury over Gay Weddings 02 AUG 98
R3.2 Nando Times: Vatican Renews Attack on Italy's First Gay Marriage 13 JUL 98
Adelaide Gay Times: Pisa Passes Partnership Law 05 JUL 96
R3.1 Brother Sister: Benefits for Housing 16 OCT 97
C4.6 Judgment: Case of Oliari and Others v. Italy Nos. 18766/11, 36030/11 PDF 590.42kb, 21 JUL 15
R4.5 TheTelegraph: European court tells Rome: Introduce civil union for gay couples 21 JUL 15
C4.4 Judgment (in Italian): Personality Rights No. 2400 PDF 582.62kb 09 FEB 15
R4.3 GayStarNews: Italy rejects gay marriage 11 FEB 15
R4.2 GayStarNews: History made in Italy as Milan recognizes UK civil partnership 14 MAY 13
R4.1 7News: Italy court rules gays have right to 'family life' 16 MAR 12
Defamation, Insult, Libel, Privacy, Slander Legislation/Cases/References
1.

Courts & Tribunals

On 29 November 2016, the Cassation Court ruled that calling a straight person gay is not an insult anymore [C1.6], [R1.5].

On 31 July 2012. Judge Maurizio Fumo in the Supreme Court of Cassation ruled that to tell a man that he “has no balls” is injurious and a crime punishable by a fine [R1.4].

On 24 July 2012, the Corte di Cassazione ruled there's not a 'public interest' in outing a gay couple and in doing so, a newspaper, writing a news story about two Italian shop owners, committed a crime and went against privacy and defamation laws [C1.3]. [R1.2].


In January 1997, Judge Luca Pistorelli threw out a defamation case on the grounds that calling someone lesbian or gay is no insult [R1.1].

C1.6 Judgment: Sentenza No. 50659/2016 PDF 1.79MB 29 NOV 16
R1.5 ANSA: Calling someone gay 'not an insult' 29 NOV 16
R1.4 Moral Low Ground: In Italy, Telling a Man He Has "No Balls" Is Now a Crime 01 AUG 12
C1.3 Court of Cassation, Section V, judgment of July 24, 2012 n. 30369 (in Italian) PDF 1.28MB, 24 JUL 12
R1.2 GayStarNews: Outing could be a crime, Italian Supreme Court rules 30 JUL 12
R1.1 Planet Out: 'Lesbian' No Insult In Italy 10 JAN 97

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Discrimination Legislation/Cases/References
See also: [HATE CRIME] [MARRIAGE]
1.

National

On 26 July 2011, the Chamber of Deputies voted 293 votes to 250 to reject a bill that would have protected LGBT people from discrimination, including specifiing “homophobia aggravation” as a crime [R1.3].

In 2003, discrimination in employment based on sexual orientation became unlawful [R1.2].

Previously:

In October 1999, an Anti-discrimination bill was introduced in parliament by Italy's minister for equal opportunities would, among other things, ban discrimination based on sexual orientation [R1.1].

2.

Regions

The Statute Commission of the Regional Council of Tuscany has completed a statute safeguarding family values based on marriage and the recognition of other forms of living together and making discrimination based gender, age, religion etc. and 'sexual tendencies' unlawful [R2.1].

3.

Courts & Tribunals

On 30 June 2016, the European Court of Human Rights held 6-1 that a refusal by the Italian authorities to grant a residence permit to a gay couple on family grounds was an unjustified discrimination in violation of Article 14 (prohibition of discrimination) taken together with Article 8 (right to respect for private and family life) of the European Convention on Human Rights [C3.4], [R3.3].

On 22 January 2015, the Court of Cassation upheld an order for the Ministry of Defence and Ministry of Infrastructure and Transport to compensate Danilo Giuffrida whose driving license was suspended 14 years ago on the ground that he was a homosexual, he having admitted to military doctors that he was gay and the army having sent a copy of the report to the local department of motor vehicles. Originally awarded compensation of €100,000, later reduced to €20,000 on appeal, the Court ordered the case be adjourned so that a higher figure could be calculated for consideration [R3.2].

In July 2008, a court ordered the Italian government to pay €100,000 (£80,000) in damages to Danilo Giuffrida who was forced to retake his driving test because he was gay. Upon passing, a year long licence was issued instead of the standard ten years due to his sexuality [R3.1].

R1.1 PassPort Magazine: Italy Rejects Protection for Gay People 27 JUL 11
R1.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 2008
R1.1 Melbourne Star Observer: Gay Protection Bill Introduced in Italy 29 OCT 99
R2.1 Agenzia Giornalistica Italia: Gay Couples in Tuscany Celebrate Recognition 07 APR 04
C3.4 Judgment (in French): Affaire Taddeucci et McCall c. Italie No. 51362/09 PDF 583.33kb 30 JUN 16
R3.4 European Court of Human Rights (Press Release): Refusal to grant residence permit to gay couple on family grounds was unjustified discrimination ECHR 235 (2016) PDF 105.89kb 30 JUN 16
R3.2 ANSA: Cassation revokes Gay driving suspension 22 JAN 15
R3.1 PinkNews.co.uk: Italian Awarded £80,000 After Loosing His Driving Licence Because He's Gay 13 JUL 08
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

National

On 05 June 2016 the new civil uions law came into force guaranteeing that should a cohabitating partner die, a pension of the dead partner (for example a disability pension) can be transferred to the partner who has survived him/her [R1.1].

This is not the case, however, for heterosexual couples, where legal marriage is a requirement for such a pension (of a dead person) to be transferred to his/her surviving spouse. [R1.1].

2.

Courts & Tribunals

In October 2009, the Court in Rome was asked to rule on the legitimacy of same-sex unions and the rights of surrogate children lying at the heart of a bitter inheritance battle involving one of Italyís richest families [R2.1].

R1.1 West: Unacceptable discrimination between unmarried heterosexuals and gay couples 04 NOV 16
R2.1 The Advocate: Gay Adoption Focus of Royal Battle 26 OCT 09
Gender Identity, Intersex,
Transgender, Transsexual

[?]
Legislation/Cases/References
See also: [CHILDREN] [MARRIAGE]
1.

National

In January 2010, the BBC reported that an almost empty medium security women's prison would be converted into a specially equipped detention centre for transgenders [R1.2].

In 1982, a specific law recognising the "new" gender after Gender Reassignment treatment came into effect [R1.1].

2.

Courts & Tribunals

On 11 January 2017, it was reported that a Juvenile Court in Padua, in the Veneto region of northern Italy, ordered that boy must be transferred to a community away from home reportedly basing its ruling on the fact that the unnamend boy's parents had 'fallen from parental responsibility', apparently by allowing him to go school wearing eye shadow, painted nails and glitter on his face. The social services argued that his effeminate attitudes and behaviour are chargeable to his mother and sisters, as his role models are women and claimed the child has a 'personality disorder' [R2.7].

On 20 July 2015, the Supreme Court of Cassation overturned rulings by lower courts and made it clear the official record of gender may be amended without surgery or sterilization [C2.6], [R2.5].

On 05 August 2013, a tribunal in Rovereto released a judgment ruling that a transsexual can officially change sex by registering at the local registry office, without having to undergo sex reassignment surgery [C2.4], [R2.3].

On 11 March 2011, the Tribunal of Rome granted gender reassignment in a case where the applicant eventually decided not to undergo gender reassignment surgery and referred to a previous decision of 1997 by the same court [C2.2], [R2.1].

R1.2 MCV: Transgender prison to be Italian first 20 JAN 10
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 2008
2. Courts & Tribunals
R2.7 GayStarNews: Mother loses custody of teen son because he is 'too effeminate' 11 JAN 16
C2.6 La Corte Suprema Di Cassazione (in Italian): Sentenza No. 15138-2015 PDF 2.71MB, 20 JUL 15
R2.5 GayStarNews: Italy becomes fifth country in the world to allow trans people to change gender without a doctor 23 JUL 15
C2.4 Judgment: NC born in XX/XX/196X XX C.F. XX n. 1027/2012 (in Italian) PDF 28.2kb, 05 AUG 13
R2.3 West: Transsexuals can change sex without surgery in Italy 06 AUG 13
C2.2 Judgment: Tribunale di Roma, sentenza 11-3-2011, n. 5896 (in Italian) PDF 96.91kb, 22 MAR 11
R2.1 TGEU: Italian court says sterilisation is not mandatory for gender reassignment 06 JUL 11
Hate Crime Legislation/Cases/References
1.

National

On 24 October 2012, the Parliament approved the first draft of a law against homophobia and transphobia and the bill will now be debated by the lower chamber of parliament [R1.2].

On 26 July 2011, the Chamber of Deputies voted 293 votes to 250 to reject a bill that would have protected LGBT people from discrimination, including specifiing “homophobia aggravation” as a crime [R1.1].

R1.2 GayStarNews: Italy takes first step to make gay hate illegal 25 OCT 12
R1.1 PassPort Magazine: Italy Rejects Protection for Gay People 27 JUL 11
Health, Medical Legislation/Cases/References
1.

National

In September 2005, Italy's health minister ordered a Milan hospital to end its practice of refusing gays who want to donate blood [R1.1].

R4.1 365Gay.com: Italy Orders Hospital To Accept Gay Blood Donors 22 SEP 05
Homosexuality, Sodomy Legislation/Cases/References
1.

National

Consensual sex between same-sex couples has reportedly been lawful in Italy since 1890 [R1.1].

2.

Courts & Tribunals

On 29 November 2016, the Cassation Court ruled that calling a straight person gay is not an insult anymore [C2.3], [R2.2].

In April 2000, the Italian Supreme Court caused a furore by aligning itself with the Roman Catholic Church's definition of homosexuality as a "psychiatric illness or disorder" [R2.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 2008
C2.3 Judgment: Sentenza No. 50659/2016 PDF 1.79MB 29 NOV 16
R2.2 ANSA: Calling someone gay 'not an insult' 29 NOV 16
R2.1 London Times: Court Backs Church View of Gays as Sick 12 APR 00
Marriage Legislation/Cases/References
1.

National

As of 05 June 2016, the Italian civil unions law came into force recognizing same-sex civil unions officiated within Italy, as well as same-sex marriages and civil unions officiated outside of Italy. While the law has been published officially, various decrees within Italy have yet to be issued specifying exactly what rights same-sex couples will be granted; same-sex couples will not be given full marriage rights [R1.4].

Previously:

Italy granted no rights to same-sex couples [R1.3].

In October 2002, Stefania Prestigiacomo, Minister for equal opportunities stated "It is not part of this Government's plan to allow for marriage between gay couples" [R1.2].


On 20 November 2012, Tuscan utilities provider Publiacqua reportedly granted Gioacchino Di Gioia two weeks paid leave following his September marriage in Brazil to his partner. Such leave is given by law to every straight couple [R1.1].

2.

Cities & Towns

On 29 January 2015, the Rome City Council voted in an amendment enabling gay marriages contracted abroad to be automatically transcribed into the newly created civil union register [R2.5].

On 18 October 2014, Rome Mayor Ignazio Marino registered 16 gay marriages entered into abroad in open defiance of Italy's Interior minister Angelino Alfano's recently sent notice to local prefects saying any registrations of gay marriages celebrated abroad would be voided [R2.4].

On 22 July 2014, Bologna Mayor Virginio Merola announced that same-sex marriages performed lawfully outside of Italy will be recorded in the city's civil register from 15 September. The recognition will only be symbolic [R2.3].

On 03 June 2014, Naples Mayor Luigi De Magistris reportedly said his administration will begin to include the weddings of gay couples, specifically citizens of Naples who married abroad, in the civil register [R2.2].

On 09 April 2014, the Court ordered the Grosseto City Council to register a gay couple [R3.7].

In October 2002, the first gay wedding to be publicly celebrated in Italy took place at the French Consulate in the capital Rome [R2.1].

France allows homosexual marriages under an agreement called PACS, or the Civil Pact for Solidarity, and one of the partners was French.

3.

Courts & Tribunals

On 26 April 2016, it was reported that the Court of Rome rejected the appeal of two women who were married in Portugal against the refusal of the city's civic office to transcribe their union, on the grounds that ''the couple getting married must be of different genders, as currently required by Italian law for the same legal identity reasons as for the act of marriage'' [R3.17].

On 27 October 2015, it was reported that the Council of State Administrative Court overturned an earlier verdict by the Lazio regional administrative tribunal (TAR) that transcriptions in civil registers of gay marriages contracted abroad could only be annulled by court order, ruling that all cities in Italy must destroy any registries of same-sex couples married abroad [R3.16].

On 29 June 2013, it was reported that the Court of Appeal in Milan ruled (25 May) that a m2f transgender man who in 2011 legally married his male partner in Argentina, prior to his later reassigning legally as female, must be allowed to register the marriage, declaring the marriage entirely in conformity with 'the heterosexual paradigm' [C3.15], [R3.14].

On 21 April 2015, following the Constitutional Court's 11 June 2014 declaration that the annullment of m2f transexual woman Alessandra Bernaroli's marriage was not legitimate, the First Chamber of the Supreme Court ruled in judgment No. 8097 that the northern Italian City of Bologna's Registry Office overstepped its bounds by stripping away Bernaroli's and her spouse's legal status as a married couple [R3.13].

On 09 February 2015, Judge MG Luccioli in the Corto Suprema Di Cassazione ruled there is nothing in the Constitution that requires the government to extend marriage rights to LGBTI people however, same-sex couples should have the same rights as unmarried Italian opposite-sex couples [C3.12], [R3.11].

On 29 September 2014, the Court of Appeal in Florence overturned the June ruling of Judge Paolo Cesare Otatti ordering Grosseto in Tuscany to recognise married couples and the union of Joseph Chigiotti and Stefano Bucci because the case was filed against the County instead of the city's Mayor and remanded the matter back to the District Court of Grosseto [R3.10].

On 11 June 2014, Alessandra Bernaroli, a transsexual woman from Bologna, was granted the right to remain married to her wife by Italy's Constitutional Court, declaring the previous annulment of the marriage to be “illegitimate” and that the marriage could in fact be maintained through “other forms of registered partnership” [C3.9], [R3.8].

On 09 April 2014, Judge Claudio Boccini in the Grosseto Court ordered the city council register of married couples include gay couple Giuseppe Chigiotti and Stefano Bucci as being married, there being no reference to gender in the register. The couple married in New York in 2012 [R3.7].

On 06 June 2013, the Court of Cassation ruled that the forced dissolution of the marriage of Alessandro and Alessandra Bernaroli violated Article 29 of the Italian Constitution, referring the case to the Constitutional Court [R3.6]. See also [R3.4].


On 20 April 2012 in Francesca Orlandi and others v. Italy, application 24631/12 was lodged in the European Court of Human Rights arguing that the Italian government, by refusing to recognise same-sex marriages conducted abroad, is being unfairly discriminatory [R3.5].


In June 2011, the Court of Appeals in Bolgna reportedly divorced a couple lawfully married in 2005 without their consent, because the husband 40-year-old Alessandro Bernaroli had changed his sex [R3.4].


On 21 March 2011 and 10 June 2011 in Enrico Oliari & A v. Italy and Gian Mario Felicetti and others v. Italy respectively, applications (18766/11 and 36030/11) were lodged in the European Court of Human Rights arguing that Italian legislation denying same-sex couples the right to enter into either marriage or any other type of civil union amounts to discrimination [C3.3].


In April 2010, the Constitutional Court rejected appeals by three same-sex couples whose marriage filings were refused by local officials [R3.2].

Previously

In March 2010, the Constitutional Court was considering the question of same-sex marriage. A decision was expected mid-April [R3.1].

R1.4 RelocateMagazine: Key changes to immigration regulations in the European Union, Italy, Nigeria, Panama and South Africa 20 JUN 16
R1.3 International Herald Tribune: Gay couple test the legal limits with Dutch marriage 07 JUN 02
ABC: Gay Couple Marries at The Hague 02 JUN 02
R1.2 AGI Online: Prestigiacomo, Government Sees No Future in Gay Marriages 19 OCT 02
R1.1 GayStarNews: Italian gay man given paid leave for same-sex marriage 20 NOV 12

Cities & Towns

R2.5 GayStarNews: Rome recognizes gay civil unions 29 JAN 15
R2.4 BreakingNews.ie: Rome mayor registers gay marriages against national law 18 OCT 14
R2.3 GayStarNews: Bologna becomes latest Italian jurisdiction to record overseas same-sex marriages 25 JUL 14
R2.2 TheLocal: Row erupts over gay marriage in Naples 03 JUN 14
R2.1 Channel News Asia: Gay Couple Get Married Outside French Embassy in Rome 22 OCT 02

Courts & Tribunals

R3.17 WelfareSocietyTerritory: Gay marriage in Italy, one step forwards two steps back 26 APR 16
R3.16 Towelroad: Italian High Court Rules That Registries of Foreign Same-Sex Marriages Must Be Destroyed 27 OCT 15
C3.15 Sentenza (in Italian): Parties redacted No. 1176/2015 PDF 259.96kb 25 MAY 15
R3.14 GayStarNews: Italy rules trans woman and cis man are allowed to marry 29 JUN 15
R3.13 TheAdvocate: Will Italian Court Decision Pave Way for Marriage Equality? 22 APR 15
C3.12 Judgment (in Italian): Personality Rights No. 2400 PDF 582.62kb 09 FEB 15
R3.11 GayStarNews: Italy rejects gay marriage 11 FEB 15
R3.10 PinkNews: Court overturns ruling recognising one same-sex marriage
C3.9 Judgment: 170/2014 (in Italian) PDF 115.59kb, 11 JUN 14
R3.8 TheLocal: Marriage still valid after sex change: Italian court 12 JUN 14
R3.7 AFP: Italian court recognises gay marriage for first time 09 APR 14
R3.6 Gayapolis: Court Rules on Transgender "Same Sex" Wedding 11 JUN 13
C3.5 Application: Francesca Orlandi and others v. Italy 24631/12, 20 APR 12
R3.4 The Voice of Russia: Italian Court divorces same-sex couple 17 JUN 11
C3.3 Applications: Enrico Oliari & A v. Italy and Gian Mario Felicetti and others v. Italy 18766/11, 36030/11, 21 MAR, 10 JUN 11
R3.2 Bloomberg: Italy's Highest Court Rejects Marriages for Same-Sex Couples 14 APR 10
R3.1 The Advocate: Italian Court Postpones Same-Sex Marriage Ruling 25 MAR 10
Military Legislation/Cases/References
1.

National

In November 2008, openly gay, lesbian and bisexual persons were reportedly allowed to serve in the army [R1.3].

In January 2000, there was no official policy on gays in the Italian military, but gay men were reportedy often allowed exemption from Italy's compulsory 10-month military service if they admit they are homosexual and say they fear discrimination [R1.2].

In December 1999, it was reported that overt homosexual behavior can be grounds for dismissal [R1.1].

R1.3 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08
R1.2 Associated Press: World's Militaries and Gay Stance 12 JAN 00
R1.1 Associated Press: Britain To Impose Army Conduct Code 13 DEC 99
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

In January 2013, the Azienda Ospedaliera di Padova (Hospital of Padua), in northern Italy's Veneto region, agreed to write on new parents' bracelets 'partner' instead of 'mom' and 'dad [R1.1].

2.

Courts & Tribunals

On 08 March 2017, the Tribunal for Minors in Florence was reported to have recognized two British and US adoptions of non-biological children by gay parents as legal in Italy, allowing for the first time the Italian citizenship of the parents to be passed onto the children [R2.14].

On 2 February 2017, the Court of Appeal in the northern city of Trento decided that the two gay partners should jointly be legally recognised as the fathers of two surrogate children, now aged seven - not just the parent who is biologically related [C2.13], [R2.12].

On 08 January 2017, it was reported that the Court of Appeal in Milan ordered the Registrar to transcribe in full in the register the birth certificates of twin boys born in the United States using in vitro fertilization and surrogacy. Each of the two children is the biological child of two married Italian fathers. Importantly, the Court for the first time recognized that a child's best interest comes before the legality of how the child was born [R2.11].

On 22 June 2016, the Court of Cassation confirmed a lower-court decision permitting the so-called ''step-child'' adoption in cases where the family bond is well-established. The ruling will make it easier for gays to adopt a partner's biological child but does not give automatic recognition to the families of same-sex couples [R2.10].

On 30 April 2016, it was reported that Rome juvenile court ruled that Marilena Grassadonia, president of the Rainbow Families association, could adopt her wife's twin boys. In turn, her partner adopted Grossadonia's son. All three were conceived by artificial insemination [R2.9].

On 21 March 2016, it was reported that Judge Melita Cavallo in the Rome family court, authorised a fresh stepchild adoption, namely the adoption by one partner in a same-sex union of the other partner's biological child. The two fathers, who have been in a stable relationship for 12 years, married in Canada and the three-year-old child was conceived and carried by a surrogate mother in Canada [R2.8].

On 01 March 2016, it was reported that the Rome Tribunal for Minors upheld two appeals recognising a lesbian couple's adoption of each other's biological daughters under the special cases adoption law that ''confers lesser guarantees to the minor when compared to the recognition of full, legitimate parenthood'' the children of heterosexual married couples currently enjoy, though establishing a biological parent and a social parent with full and equal parenting capacities and responsibilities. [R2.7].

On 24 February 2016, the Constitutional Court refused to hear a same-sex adoption case involving two American mothers, Nora Beck, whose mother was Italian and whose 11-year-old biological son had Italian citizenship, and her wife Liz Joffe, who gave birth to their 12-year-old daughter. Each had adopted the other's biological child in the US. In ruling the petition inadmissable, the constitutional court said the case concerned Italian recognition of a foreign court's ruling involving foreigners: the adoptions that were approved years ago by Oregon court [R2.6].

On 23 December 2015, the Rome court of appeals upheld a landmark August 2014 juvenile court ruling recognizing a child's legal adoption by her mother's lesbian partner. The couple, living in Rome since 2003, married and conceived their baby abroad by donor gametes. The child is now six years old [R2.5].

On 10 December 2015, a Milan appeals court ruled valid a lesbian woman's adoption in Spain of her ex-wife's daughter, and ordered the adoption transcribed in Italy, one of the first cases in Italy recognising so-called stepchild adoption, or adoption by one partner in a same-sex couple of the other's biological child [R2.4].

In October 2014, the appeals court in Turin (Corte di Appello di Torino), in a judgment made public on 07 January, ruled that the birth of a child, conceived by artificial insemination and born in Barcelona to a Spanish and Italian lesbian couple, should be transcribed into the official records of the town where the Italian woman lives. City Officials in the Piedmontese capital have however reportedly declined for the time being to transcribe the birth certificate of the baby [R2.3].

On 11 January 2013, the Supreme Court of Cassation ruled (judgment no. 601) that same sex couples can be as good parents as opposite sex couples – in a custody dispute between a man and a woman now living in a same-sex relationship – reportedly stating 'There is no scientific certainty or concrete evidence but only prejudice [to say that] living in a homosexual family is damaging for the growth of a child' [C2.2], [R2.1].

R1.1 GayStarNews: Hospital in Padua first to recognize gay parents 03 JAN 12
2. Courts & Tribunals
R2.14 CTVnews: Italy court recognizes non-biological overseas gay adoption 10 MAR 17
C2.13 Ordinanza (in Italian): In the proceedings for recognition of a foreign judgment … PDF 563.68kb 23 FEB 17
R2.12 TheTelegraph: Italian court recognises gay parents 28 FEB 17
R2.11 TheWashingtonPost: These two baby boys are twins, but an Italian court says they arenít brothers 08 JAN 17
R2.10 abcNEWS: Italian High Court Makes Gay Adoption Easier, Not Automatic 22 JUN 16
R2.9 TheLocalIT: Italian women win gay adoption battle 30 APR 16
R2.8 ANSAen: Rome family court OKs stepchild adoption
R2.7 ANSAen: Landmark gay adoption ruling fuels storm 01 MAR 16
R2.6 Italyís constitutional court won't hear gay adoption case 24 FEB 16
R2.5 ANSA: Lesbian couple hails adoption ruling 24 DEC 15
R2.4 ANSA: Court recognizes gay mum adoption 10 DEC 15
R2.3 ReutersUS: Italy: Court recognizes child born to gay couple for first time
C2.2 Judgment: In the name of the Italian People n. 601/13 (in Italian) PDF 640.70kb, 11 JAN 13
R2.1 GayStarNews: Italian Supreme Court says gay parents are as good as straight ones 12 JAN 13

GayLawNet®™ "Exclusive" Sponsorship of this page IS available