Court of Rome, children’s documents: “parents” and not “father and mother”

For mothers of a child, the only possible qualification on the documents is «Parents». This was established by the judges of the civil court of Rome accepting the appeal of two mothers on what to write on the electronic identity card valid for the expatriation of the daughter. “The court partially accepts the appeal and for the effect declares the lack of passive legitimacy of Roma Capitale” says the sentence, which, translated, means the overcoming of the Salvini rule of 2019 which required the wording “father and mother”. The mayor of Rome, Roberto Gualtieri, is now “required to indicate… the ‘neutral’ qualifications of ‘parent’ in correspondence with the applicants’ names”.

It is also a step for the recognition, on documents, of the parental role of two mothers or two fathers. The ruling also explains it by looking at rights and Constitution: «While discussing, in this case, the release of the Electronic Identity Card valid for expatriation, the false representation of the parental role of one of the two parents, in evident contrast with her sexual and gender identity, entails consequences (at least potential ) relevant both in terms of respect for the rights guaranteed by the Constitution, and in terms of the necessary application of the primary and secondary law of the European Union”.

The Lenford Network and Rainbow Families associations brought forward the appeal of the two mothers. From 2015 until the beginning of 2019, the generic indication «Parents» was used in the identity cards of children. The Salvini decree had arrived on January 31 of that year: no longer parents, in the fields provided for the names of persons exercising parental authority, but “father” and “mother”. No exceptions for homoparental families. A provision that went against the indications of the Privacy Guarantor and the State-City Conference.

Minister Lamorgese, in January 2021, had announced the modification of the decree, but in fact this reform has not arrived. Now the legal route opens the way for a legislative change, even if the center-right government is not in favor of this change.

However, the sentence is very precise. «The identity card is a document with certification value, intended to prove the personal identity of the holder, which must represent exactly what results from the civil status documents of which it certifies the content. Now, a document which, on the basis of a birth certificate showing that a minor is the daughter of a particular woman and has been adopted by another woman, lists one of the two women as the “father” contains an altered representation, and therefore false, of the reality and integrates the material details of the crime of ideological forgery committed by the public official in a public deed (articles 479 and 480 of the penal code)”.\

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