Gizane Campos
LGBT rights in Italy show a mix of progress and ongoing challenges that still need to be given attention. Same-sex relationships and civil unions are legally recognized, but same-sex marriage is still not allowed. Protections against discrimination exist mainly in employment, while adoption rights for same-sex couples are limited. Transgender people have some legal recognition, though full gender identity protections are still incomplete. Regardless, Italy is still recognized as one the safest countries for LGBTQ+ travellers as the country rank 34th on the LGBT Equality Report.
This article will explore LGBT rights in Italy in detail, covering legal recognition, adoption, discrimination protections, and more.
- LGBT Rights in Italy Overview
- The Legality of Same Sex Sexual Activity in Italy
- Recognition of Same-Sex Relationships in Italy
- Adoption for LGBT Couples in Italy
- Discrimination Protections in Italy For the LGBT Community
- LGBTQ+ Friendliness of Italian Visa Programs
- Living Conditions for LGBTQIA+ People in Italy
LGBT Rights in Italy Overview
In Italy, same-sex relationships and civil unions are legal, but same-sex marriage is not. Joint adoption by same-sex couples is only recognized if completed abroad. Stepchild adoption is allowed in some cases, and single individuals, regardless of orientation, may adopt under particular conditions.
National laws protect against discrimination in employment, while protections in services and public spaces are limited to certain regions. Since 2021, discriminatory language in public advertising has been banned across the country.
Transgender people can legally change their gender without needing gender affirming surgery. Gender self-identification is not allowed. Non-binary identities have had constitutional recognition since 2024, but legal documents still only offer male or female options.
IVF access is granted to lesbian couples if the treatment is done abroad, but surrogacy remains banned. Children born to same-sex couples abroad may have their parentage recognized in Italy under certain circumstances.
However, conversion therapy is not legally prohibited, though it is condemned by the National Psychological Association, especially for minors.
The Legality of Same Sex Sexual Activity in Italy
The legality of same-sex sexual activity refers to whether two adults of the same sex can engage in consensual sexual relations without facing criminal charges. This is different from legal recognition, which involves official acceptance of same-sex relationships through marriage or civil unions.
In Italy, same-sex sexual activity has been legal since 1890, when it was removed from the country’s Penal Code. Unlike in many other countries at the time, Italy did not criminalize homosexuality under fascist rule, and it has remained legal ever since.
Recognition of Same-Sex Relationships in Italy
Recognition of same-sex relationships means giving legal status and rights to same-sex couples, similar to those given to heterosexual couples through marriage.
In Italy, same-sex marriage is still not legal. However, civil unions have been recognized since 2016. These give same-sex couples many legal rights, such as inheritance, property, and hospital visitation, but do not include joint adoption or full recognition of same-sex parenting.
This progression started a few years ago. In 2010, Italy’s Constitutional Court ruled that same-sex couples are a valid social unit, similar to marriage, and deserve legal protection. This decision led to further progress, including allowing foreign same-sex spouses of Italian citizens to receive Italy residence permits.
In 2015, the European Court of Human Rights found that Italy was violating human rights by not recognizing same-sex partnerships. In response, the Italian Parliament passed the civil union law in 2016.
Although some same-sex marriages performed abroad were briefly recognized, the Supreme Court ruled in 2018 that they must be registered as civil unions. Simultaneously, a bill to legalize same-sex marriage was introduced in 2023 but has not progressed. Legal discussions around family rights and gender identity are still ongoing as Italy tries evolve its approach to LGBTQ+ equality.
Adoption for LGBT Couples in Italy
Adoption and foster care in Italy are regulated by Law No. 184 of 1983. Full national adoption is allowed only for married, opposite-sex couples. However, same sex couples and LGBT individuals have access to other legal routes.
Foster care is open to everyone, including same sex couples, with no restrictions based on sexual orientation. Italian law also allows “adoption in particular cases,” which lets single people to adopt in specific situations. Courts have interpreted this to allow stepchild adoption by same sex couples, even if they are unmarried.
Single LGBT individuals can also adopt children from abroad, and these international adoptions are legally recognized in Italy when the originating country permits adoption by single people.
There have been several key legal cases:
- In 2013, the Court of Cassation upheld the custody rights of a lesbian mother.
- In 2016, a Rome court allowed two women to adopt each other’s daughters.
- The same year, the Court of Cassation confirmed that stepchild adoption by same sex parents is possible when it meets the child’s best interest.
To discover more about the Italy Digital Nomad Visa
Discrimination Protections in Italy For the LGBT Community
Area | Legal Protections | Details |
Employment | Yes (since 2003) | Discrimination based on sexual orientation in hiring and the workplace is banned nationwide. Originally excluded sectors like police and military are now also covered. |
Gender Identity in Employment | Limited | No specific law, but recent court rulings (like in 2023) have recognized discrimination based on gender identity as sex discrimination. |
Hate Speech & Crimes | No national law | Some proposals have been made (like the Zan Bill), but national hate crime protections for LGBTQ+ people were blocked in the Senate in 2021. |
Street Advertising | Yes (since 2021) | Homophobic and transphobic messages in public ads are banned nationwide. |
Asylum | Yes | Italy grants asylum to people persecuted due to sexual orientation or gender identity, under international and EU laws. Reforms in 2020 strengthened these protections. |
Regional Protections | Varies by region | Only some regions (like Tuscany, Emilia-Romagna, and Apulia) have anti-discrimination laws in areas like education, services, and housing. There is no national coverage for these areas. |
LGBTQ+ Friendliness of Italian Visa Programs
Italy not only offers inclusive visa options for LGBTQ+ individuals and couples, but it also ranks highly on global mobility indexes. Italy ranks 6th on the Global Residency and Citizenship by Investment Report and 9th on the Global Digital Nomad Visa Report, which are both by Global Citizen Solutions. This makes the country one of the most attractive destinations for relocation.
Visa Type | LGBTQ+ Friendly? | Details |
Yes | - Open to all nationalities regardless of sexual orientation or gender identity. - Same-sex partners or spouses can be included if the relationship is legally recognized in your home country. - Civil unions are recognized in Italy (since 2016). | |
Yes | - Designed for retirees or financially independent individuals who could be interested to retire in Italy. - No discrimination based on sexual orientation. - Same-sex partners may apply together if the relationship is legally documented. | |
Yes | - Open to LGBTQ+ individuals and couples. - Eligibility is based on work and income, not relationship status. - Equal treatment under the law if documentation is complete. |
Gender Identity and Expression
Cross-dressing is legal in Italy, and sex reassignment surgery is also legal with medical approval. Transgender individuals can legally change their gender, and since 2015, sterilization or surgery is no longer required to do so.
However, gender identity is not explicitly included in Italy’s national anti-discrimination laws, which means transgender people may still face discrimination in areas like:
- Employment
- Education
- Healthcare
- Housing
- Access to public services
Some regions such as Tuscany, Emilia-Romagna, and Apulia have introduced local protections for gender identity, but national laws remain limited. Courts have started to recognize discrimination against transgender individuals under broader sex discrimination laws, but there is no dedicated national law ensuring full protection based on gender identity.
To learn more about the Italy Golden Visa
Living Conditions for LGBTQIA+ People in Italy
While Italy is becoming more open, traditional Catholic values still influence many people’s views on gender roles and sexuality. Compared to some other Western European countries, public support for LGBTQIA+ rights is lower in certain areas.
Despite these challenges, Pride events are held in over 30 Italian cities from May to September, which shows that visibility and support is growing and the activism to create safer spaces for the LGBT community has had major impacts. In 2022, Turin hosted the European Pride Organizers Association conference, which marked an important milestone for LGBTQIA+ inclusion in Italy.
Frequently Asked Questions about LGBT Rights in Italy
Is same-sex sexual activity legal in Italy?
Yes. Same-sex sexual activity has been legal since 1890, with an equal age of consent for everyone set at 14.
Can same-sex couples get married in Italy?
No. Same-sex marriage is not legal, but civil unions have been recognized since 2016 and grant many of the same legal rights as marriage.
Can same-sex couples adopt children in Italy?
Joint adoption is not allowed, but stepchild adoption is possible in specific cases. Single LGBT individuals can also adopt under certain legal conditions.
Are there anti-discrimination laws for LGBT people?
Yes, in employment. However, full national protections in other areas, like housing or education, are limited and vary by region.
Is gender change legally recognized?
Yes. Transgender people can legally change their gender without surgery, but gender identity is not fully protected by national anti-discrimination laws.
Can LGBT people serve in the military in Italy?
Yes. Gays, lesbians, and transgender individuals can serve openly in the Italian military.
Is Italy safe for LGBTQIA+ travelers?
Yes, Italy is generally safe for LGBTQIA+ travellers, especially in major cities and tourist areas. Same-sex relationships are legal, civil unions are recognized, and public attitudes have become more accepting in recent years.
