The podcast that explores the world of work through the lens of the law. Curated by Attorneys Stefano Trifirò, Mariapaola Rovetta Arici, and Jacopo Moretti – Trifirò & Partners Avvocati
Intentional Motherhood and Corporate Responsibility: Constitutional Court Judgment No. 68/2025 and Its Implications for the World of Work
With Judgment No. 68 of 2025, the Italian Constitutional Court declared unconstitutional the provision contained in Law No. 40 of 2004 insofar as it fails to recognize the status of parent to the intentional mother in same-sex female couples. This marks a significant step forward in the affirmation of the rights of so-called “rainbow families,” and also raises important considerations for the corporate world—today more than ever called upon to reconcile inclusion, fairness, and social responsibility.
The intentional mother is a woman who, while lacking a biological connection to the child, has fully and deliberately participated in the parental project with the biological mother from the outset. The lack of legal recognition of this role has thus far resulted not only in unequal treatment of parents based on sexual orientation, but more critically, in an infringement upon the fundamental rights of the child.
Indeed, the failure to recognize the intentional mother deprives the child of one of their primary caregivers, with consequences extending to legal and social protections. It constitutes a form of indirect discrimination against the child, translating into a tangible lack of safeguards during critical phases of life—such as illness, education, family life, and, significantly, in employment-related matters.
From a practical standpoint, the intentional mother, where unrecognized by law, is excluded from access to parental leave, paid time off, and other protections routinely afforded to heterosexual parents. In the absence of prompt legislative intervention, this regulatory gap creates a vacuum that companies can—and arguably should—seek to fill.
Employers have the opportunity to act in advance of legislative reform by implementing inclusive workplace policies that extend equal parental benefits to both parents, regardless of formal legal recognition. Such policies foster not only a more equitable and respectful work environment for diverse family models, but also support the psychological and emotional well-being of children—who are the primary beneficiaries of the stable presence of both parental figures.
Legislation will eventually follow, as the Constitutional Court’s decision makes clear. However, the protection of the individual, respect for human dignity, and the inclusion of the child are already enshrined constitutional values. They can—and should—also serve as core corporate values. In an era where corporate identity is increasingly defined by social impact and ethical responsibility, the choice to recognize and support same-sex parenthood is not only an act of compliance with emerging legal principles, but a profound affirmation of human-centered leadership.
