With a sentence destined to make school, the Court of Cassation has established that on the electronic identity card of minors The neutral wording “parents”, rather than “father” and “mother” must appear. The decision comes with sentence no. 9216/2025, which rejects the appeal filed by the Ministry of the Interior against what has already been ordered by the Court of Appeal.
According to the judges of the Supreme Court, the return to traditional labels imposed by the ministerial decree of 31 January 2019 is to be considered “discriminatory, because it does not represent the same sex couples who have resorted to adoption in particular cases».
The case at the center of the sentence concerns a child with two mothers (one biological, the other adoptive) who had obtained the recognition of their parenting through the Stepchild Adoption. The Court of Rome had already ordered that, for that minor, only the “parent” item was reported in the electronic identity card. A necessary choice, explains the sentence, «why The document, valid for expatriation, gave a representation corresponding to the civil status of the little one ».
The formula imposed by the 2019 decree, in fact, according to the Cassation, “It does not represent all the legitimate conformations of families and related filiation relationships», Thus depriving the minors of a fundamental right: that to a document that faithfully reflects their family reality.
To be particularly penalizing was the rigidity of the model prepared by the Interior Ministry. As reported by The sun 24 hours“The electronic paper, as foreseen by the 2019 Ministerial Decree, allowed only one of the two mothers to indicate appropriately And he imposed to see his relationship with a kinship classified according to a mode (“father”) does not consume its kind ».
The result was “irrational and discriminatory”, concludes the Cassation, which with this ruling reaffirms the need to adapt the administrative tools to existing families, without excluding or distorting any of their legitimate forms.
Source: Vanity Fair
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