Casablanca – Morocco’s Family Code, adopted in 2004, remains one of the country’s most sensitive and debated legal frameworks, shaping family relations, personal status, and social rights. More than two decades after its adoption, the code is once again at the center of national attention, driven by evolving social realities, constitutional principles, and recent judicial rulings that have exposed both its strengths and its limitations.

The issue gained renewed prominence during the opening of the 2026 judicial year in Rabat, where senior judicial officials presented key case law from 2025. Several rulings from the Court of Cassation, particularly in family law matters, have fueled public and professional debate, especially in the absence of a formal draft reform law submitted to Parliament.

Judicial interpretations and emerging challenges

One of the most debated rulings concerns the legal status of children born outside marriage. In a 2025 decision, the Court of Cassation ruled that such children are not entitled to child support, while at the same time awarding them damages. The case involved a situation of non-consensual sexual relations, although the court did not legally classify the act as rape.

This decision has reopened broader discussions about legal protection for all children, regardless of the circumstances of their birth. Legal experts and civil society actors argue that the principle of the child’s best interests, enshrined in both international conventions and Morocco’s 2011 Constitution, should be applied uniformly, without discrimination based on lineage or family status.

The ruling also highlights the tension between existing legal texts and evolving interpretations of fundamental rights. While compensation may offer partial redress, the absence of child support raises questions about long-term social protection, access to resources, and equal treatment under the law.

Property rights and spousal contributions

Another significant area of jurisprudence concerns the division of assets following divorce. In a separate ruling, the Court of Cassation upheld a lower court decision granting financial compensation to a wife who had contributed to the family’s economic development by providing unpaid training to workers in her husband’s business.

The court based its decision on Article 49 of the Family Code, which allows judges to assess each spouse’s contributions—financial and non-financial—in the absence of a written agreement governing property acquired during marriage. While the ruling did not result in a direct division of assets, it recognized the wife’s role in increasing the family’s wealth and affirmed her right to compensation.

However, legal practitioners note that this principle has not always been applied consistently, particularly in cases involving homemakers whose contributions are less visible in financial terms. Earlier rulings had framed household management as a primary duty of women, limiting their ability to claim a share of marital assets. Although jurisprudence has gradually evolved, disparities in interpretation remain.

Custody, parental rights, and the child’s best interests

Custody disputes represent another major area of family law litigation in Morocco. Under the current Family Code, custody is generally granted to the mother by default. While this provision aims to protect children’s stability, it has also generated conflicts, particularly in cases involving relocation, visitation rights, and parental disagreements.

Recent court rulings have emphasized the principle of the child’s best interests as the overriding معيار (criterion) in custody decisions. In one notable case, a court of appeal withdrew custody from a mother after finding that she had interfered with the father’s visitation rights. The Court of Cassation later confirmed that such decisions must prioritize the child’s welfare, including considerations related to residence, education, and emotional stability.

Legal experts argue that a future reform could introduce shared custody as the default arrangement, unless one parent waives this right. Such a shift would align family law more closely with constitutional principles of equality between men and women and reflect changing social norms around parenting and family responsibilities.

Digital access to justice and transparency

Parallel to these legal developments, Morocco has made significant progress in improving access to judicial information. By mid-January 2026, more than 55,000 judicial decisions were available on the digital portal of the Supreme Council of the Judiciary. This platform includes rulings from the Court of Cassation, courts of appeal, and trial courts, providing legal professionals and the public with greater transparency and access to case law.

While the platform currently operates exclusively in Arabic, its expansion has been widely welcomed by lawyers, researchers, and academics, who view it as a critical tool for strengthening legal certainty and promoting consistency in judicial interpretation.

The reform debate and legislative outlook

Despite growing public interest and judicial activity, no draft bill to amend the Family Code has yet been formally submitted to Parliament. This legislative pause has intensified calls from civil society, women’s rights organizations, and legal experts for a comprehensive reform that reflects constitutional values, international commitments, and contemporary social realities.

Key reform proposals under discussion include strengthening the legal protection of children born outside marriage, clarifying property rights between spouses, introducing shared custody, and ensuring that women’s unpaid domestic and caregiving labor is fully recognized within the legal framework.

At the same time, policymakers face the challenge of balancing legal modernization with Morocco’s cultural, religious, and social context. The Family Code occupies a uniquely sensitive space, where legal change intersects with deeply held values, social traditions, and community norms.

A legal framework in transition

Morocco’s Family Code remains a living legal instrument, shaped not only by legislative texts but also by evolving judicial interpretations. Recent rulings illustrate both the code’s capacity for adaptation and the limits of its current provisions.

As courts continue to interpret existing laws and society continues to evolve, pressure is likely to grow for a legislative update that offers clearer protections, greater equality, and stronger alignment with constitutional principles. Whether through parliamentary reform or further judicial development, the future of family law in Morocco is set to remain a central issue in the country’s legal and social landscape.