MOnoparental, homogenitoric, reconstituted or born from paths of adoption and assisted procreation. Today’s families are increasingly far from the traditional model. However, this mosaic of new bonds and affections often clashes with a slow system to adapt and must fight for the recognition of fundamental rights. Today, however, The Court of Cassation has marked a historical turning point for the recognition of the plurality of family ties: with sentence no. 9216/2025 has, in fact, sanctioned that on the identity documents of minors The “parent” neutral term must appearabandoning the traditional words “father” and “mother”.
“Parent” instead of “mother” and “father” on the document
The judgment by the legal system, had been requested by a homosexual couple, after the refusal of the release of an electronic identity card valid for the expatriation of the still minor child. The document, following the provisions of a 2019 ministerial decree, He should have reported the words “Father” and “Mother”. But this would not have correctly represented the family composition of the child. The family, not resigning to this discriminationhas decided to take a long judicial journey. Which, passing through several degrees of judgment, finally landed on the Supreme Court.
The ruling of the Cassation Boccia the appeal of the Ministry of the Interior
The Ministry of the Interior had filed an appeal against the decision of the Court of Appeal, who had already recognized the right of the minor to a representative document of his real family situation. The Cassation, therefore, rejected “the three reasons of complaint” made by the Ministry, fully confirming the arguments of the second instance judges. According to the latter, The rigid application of the ministerial decree would have produced an “unreasonable and discriminatory final effect”preventing the minor from obtaining a valid document only because the son of a non -traditional couple.
The judges established that in identity documents the wording “father” and “mother” is replaced by the inclusive term “parent” (Getty)
The legal foundations of the historical decision
The Supreme Court founded its decision on a consolidated jurisprudence on adoptions and minors rights, recalling previous pronouncements. Fundamental, in the reasoning of the Court, also the reference to sentence no. 79/2022 of the Constitutional Courtwhich has strengthened the protection of the higher interest of the minor in the issues relating to parenting.
The immediate implications for Italian families
The non -application of the 2019 ministerial decree opens the way to issue identity documents that faithfully reflect the real family composition of any minor. This means that homogenitorial couples will finally be able to see their condition recognized also on the official documents of their children. For many families, This sentence represents the end of a bureaucratic limbowho created many practical problems, especially on travel abroad, where the failure to correspond to the family reality and what reported on documents could generate complications.
A piece in the mosaic of contemporary family law
The pronunciation of the Cassation is not a lightning that arrived in a clear sky, but is part of a path of evolution of Italian family law, which is, albeit very slowly,, recognizing the plurality of family models existing in contemporary society. This sentence also little anticipates another important legal appointment: in the coming weeks the Constitutional Court will be called to pronounce on case of an “intentional mother”a term that indicates the parent without biological bonds with the child, but fully involved in the parental project, within a homosexual couple, with potential further developments in the recognition of the rights of homogenitor families.
The ruling of the Cassation is destined to make people discuss
The public, and political debate immediately turned on with, on the one hand, the associations that protect the rights of LGBTQ+families, which celebrate this decision as an important step forward towards equality. On the other, The most conservative voices that consider this sentence a removal from traditional family values. Moreover, replacing “father” and “mother” with “parent”, is not a simple terminological question, but it means recognizing that parenting goes beyond traditional categories And that what really matters is the emotional and care relationship that binds an adult to a child. The way to the full recognition of all family forms is still long, but this sentence is undoubtedly A significant step in the direction of a more inclusive and respectful right of diversity.
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