Doubt About Paternity and Its Consequences

Facing doubt about a child's paternity is an emotionally complex and delicate experience, raising profound questions on both personal and legal levels. Understanding if and how one can act to ascertain biological truth is a fundamental right, protected by law through the action for disavowal of paternity. This legal procedure allows for the removal of the status of legitimate child acquired at birth during marriage, with significant consequences for parental duties, including the obligation of maintenance. In such complex situations, the assistance of a family lawyer in Milan like Avv. Marco Bianucci is crucial for navigating the legal path with clarity, strategy, and protection of one's rights.

The Action for Disavowal of Paternity: The Regulatory Framework

The action for disavowal of paternity is governed by the Italian Civil Code and represents the legal instrument for contesting the filiation relationship. The law presumes that the mother's husband is the father of a child conceived or born during the marriage. However, this presumption can be overcome by providing proof that no biological link exists. The paramount evidence in these proceedings is undoubtedly the DNA test, whose outcome has an almost absolute probative value. It is essential to act within very strict forfeiture periods, which vary depending on who initiates the action (the presumed father, the mother, or the child themselves) and the specific circumstances, such as the discovery of adultery or knowledge of one's impotence at the time of conception. Ignoring these deadlines can result in the impossibility of proceeding, permanently consolidating a non-truthful status.

Who Can Initiate the Action and What Are the Deadlines?

The law identifies three subjects entitled to initiate the action for disavowal. The presumed father must act within the term of one year, which runs from the day of birth if he was in the family's place of residence, or from the day of his return if he was away. If, however, he proves he had no knowledge of the birth, the term runs from that moment. In case of discovery of impotence or the wife's adultery, the year runs from the discovery itself. The mother can also initiate the action within six months of the child's birth. Finally, the action can be brought by the adult child and is imprescriptible for him, meaning it is not subject to deadlines.

The Approach of the Bianucci Law Firm in Milan

The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a strategic and personalized analysis of the case. Every situation related to disavowal of paternity is unique and requires careful evaluation of the legal prerequisites, the deadlines for action, and the available evidence. The firm provides comprehensive assistance that begins with an in-depth consultation to understand the specific circumstances and define the best course of action. Avv. Bianucci guides the client through every stage of the proceedings, from drafting the initial pleading to managing evidence, with particular attention to the delicate dynamics related to DNA testing, ensuring that every step is taken in full compliance with regulations and to protect the client's interests. The goal is to obtain a judgment that re-establishes biological truth and regulates financial consequences, such as the revocation of the maintenance obligation.

Frequently Asked Questions

How much time do I have to initiate an action for disavowal of paternity?

For the presumed father, the deadline is one year. The commencement of this year, however, depends on various circumstances: the date of birth, his return to the family residence, or the date he discovered his wife's adultery or his own impotence. For the mother, the deadline is six months from birth. For the child, the action has no deadlines and can be initiated at any time after reaching the age of majority.

Is a DNA test sufficient to disavow a child?

Yes, genetic or hematological evidence (DNA test) is considered the primary and almost decisive proof in disavowal judgments. If the scientific examination proves with certainty that there is no biological link between the presumed father and the child, the judge will almost certainly grant the request, provided that the action was initiated within the legal deadlines.

What happens to the maintenance allowance after disavowal?

With the judgment granting the disavowal claim, all parental duties of the legal father cease, including the obligation to pay the maintenance allowance. The judgment has retroactive effect, but prevailing jurisprudence tends not to allow the refund of sums already paid, except in exceptional cases, considering them unrepeatable as they were intended to meet the minor's living needs.

Can I force the other party to undergo a DNA test?

No one can be physically forced to undergo biological sampling. However, unjustified refusal to undergo a DNA test, whether by the mother for a minor child or by an adult child, is considered by the judge as a behavior that can be evaluated. This refusal can be interpreted as a strong indication in favor of the party requesting the examination, to the point of becoming sufficient proof to grant the disavowal claim.

Contact Avv. Marco Bianucci for an Evaluation of Your Case

If you have doubts about your paternity or are involved in a status action, it is essential to act promptly and with the right legal guidance. Qualified consultation can make the difference in protecting your rights and clarifying your family and legal situation. Avv. Marco Bianucci, with consolidated experience in family law, offers legal assistance in Milan to navigate the process of disavowal of paternity with expertise and confidentiality. Contact the law firm at Via Alberto da Giussano, 26 to schedule an appointment and receive a strategic evaluation of your case.