PATERNITY UNDER INTERNATIONAL AND ITALIAN LAW

For matters concerning paternity and personal relations between parents and children, Italian law is applicable on Italian territory. Italian jurisdiction applies:

- when the defendant is domiciled or resident in Italy,

- when one of the parents or the child is an Italian citizen or is resident in Italy,

- when the case relates to situations in which Italian law is applicable;

- in other cases envisaged by the law.

The child's status is determined by the national law under the jurisdiction of which the child was born. A central position is therefore envisaged for the figure of the child.

The dispute of the status of a child is governed by the national law applicable to the child at the moment of its birth. The status of a child, obtained on the basis of the nationality of one of its parents, may be disputed only on the basis of this law.

JUDGMENT OF PATERNITY/MATERNITY IN ITALY

A child who has not been recognized by one or both parents can petition the Court for a sentence establishing who the parent is and, consequently, declaring the "status" of recognized child. A lawsuit aimed at obtaining this result is called a "petition for judgment of paternity/maternity".

The parent will therefore assume all the duties and rights of a parent towards his/her child while the child will have, for example, all rights of inheritance and maintenance.

Under today's laws, all children have the same legal status, whether born in matrimony or not.

1) Who can request a judgment of paternity/maternity?
As stated above, when a father (or mother) has not recognized a child, the court may be petitioned for a judgment of paternity (or maternity). The child themselves may petition the court if they are of age. A lawsuit may be moved on their behalf by the mother (or father) who has recognized them.
If neither parent has recognized a child who is still a minor, the lawsuit may be moved by their guardian, with the authorization of the judge.
The law also allows a petition for a judgment of paternity (or maternity) to be moved by the descendants of a natural child not recognized at the time of their death.

2) Against whom?
A judgment of paternity (or maternity) may be moved against the putative father and/or putative mother or, if the putative parent is deceased, against their heirs. br /> If they are not available, it may be moved against a trustee appointed by the judge.

3) When?
There is no lapse of terms for the child.
A petition may therefore be moved at any time during the life of the child requesting a judgment of paternity or maternity.  

4) Who decides?
The jurisdiction to pronounce on a petition for a judgment of paternity (or maternity) belongs to the ordinary Court of the place where the putative parent has residence, or, if the latter is deceased, where one of their heirs has residence.  

5) What evidence is allowed?
Evidence of every kind is allowed.
But a mere declaration in which the mother (or father) indicates the putative father (or mother), or in which the parent who has recognized the child declares that they had sexual relations with the putative other parent at the time of conception, is not sufficient.
Genetic evidence is the main way to dispersing virtually any doubt.

6) A private test?
As stated above, it is possible to proceed privately (that is to say, out of court), provided all entitled persons (the parents and the child if a major of age) consent.

DISAVOWAL OF PATERNITY

In a petition for a judgment of disavowal of paternity, the father, mother, or child can petition for disavowal of paternity in the case that the father is not the natural father of the child. It is a civil procedure with a precise lapse of time within which the petition can be moved. The sentence declares a state of non-paternity.

In the private setting, where there is doubt as to the paternity of a child, the consent is required of all those with parental authority over the child. In the absence of such consent, the test cannot be carried out.

 

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