The Right to Recognition and the Child's Identity

The birth of a child represents a moment of profound transformation, but when one of the parents refuses to proceed with recognition, the situation can become emotionally complex and legally delicate. Our legal system strongly protects every individual's right to know their origins and to have a certain filiation status. As a family lawyer practicing in Milan, I understand how difficult it is to face the refusal of the other parent or, conversely, to have to manage a recognition request that is deemed unfounded. The primary objective must always be the protection of the child and the guarantee of their fundamental rights, both emotional and financial.

The Procedure for Judicial Declaration of Paternity and Maternity

When recognition does not occur spontaneously, Article 269 of the Civil Code provides for the instrument of judicial declaration of paternity or maternity. This is a legal action aimed at ascertaining biological truth and formally establishing the parent-child relationship, with all the duties and rights that follow. Proof of filiation can be provided by any means, but in the current context, the decisive proof is represented by hematological and genetic investigations, i.e., the DNA test. It is important to know that the action to obtain a judicial declaration of paternity or maternity is imprescriptible for the child: this means it can be initiated at any time in their life, even in adulthood.

Consequences of Unjustified Refusal of the DNA Test

One of the most debated issues concerns the behavior of the alleged parent who refuses to undergo the DNA test. Italian jurisprudence is now consolidated in considering that, although no one can be physically forced to undergo biological sampling, the judge can draw arguments of proof from such refusal. In practice, if the refusal is not supported by a valid justification, it can be evaluated by the Court as an implicit admission of paternity or maternity, especially if accompanied by other clues suggesting the existence of a relationship between the parties at the time of conception.

The Bianucci Law Firm's Approach to Ascertaining Filiation

Avv. Marco Bianucci, an expert family law attorney in Milan, handles paternity ascertainment cases with a method that prioritizes discretion and decisiveness. The firm's strategy always begins with a thorough preliminary analysis and, where possible, an attempt at out-of-court mediation to invite the opposing party to spontaneous recognition, thus avoiding the time and costs of a lawsuit. However, when legal action becomes necessary, the Bianucci Law Firm assists the client in every procedural phase, from collecting testimonial and documentary evidence to managing court-appointed technical consultations for DNA testing. The goal is not only to obtain a declaratory judgment but also to ensure that provisions regarding the child's maintenance, custody, and surname are simultaneously established, ensuring complete protection.

Frequently Asked Questions

What happens if the alleged father refuses to take the DNA test?

The unjustified refusal to undergo the DNA test is evaluated very severely by judges. According to the Court of Cassation, such behavior can be considered sufficient evidence, along with other clues, to declare paternity. The judge can therefore grant the claim for ascertainment based precisely on the alleged parent's lack of cooperation.

Can I claim back payments for maintenance never paid?

Yes, the judgment declaring paternity or maternity produces the effects of recognition from the moment of birth. Therefore, the parent who has solely provided for the child's maintenance has the right to seek reimbursement of the share due from the other parent for the previous period, within the limits of the five-year statute of limitations, as well as to establish the allowance for the future.

How long does a paternity recognition lawsuit take?

The duration of a judicial paternity ascertainment proceeding can vary depending on the complexity of the case and the workload of the competent Court. If the opposing party cooperates and the DNA test proceeds quickly, the timeframe can be limited. In case of strong opposition or difficulties with notifications, the timeframe could be extended. An experienced family lawyer will be able to estimate the timelines based on the specific situation of the Milan court.

Can the child take the father's surname after the judgment?

Yes, with the judgment ascertaining filiation, the Court also decides on the child's surname. The child can add the father's surname to the mother's, precede it, or replace it, depending on the child's age and best interests, or the wishes of the child if an adult, always in compliance with recent jurisprudence of the Constitutional Court.

Request a Legal Consultation in Milan

If you find yourself having to manage a situation of non-recognition or must defend yourself against an ascertainment action, it is essential to act with the support of a competent professional. Contact Avv. Marco Bianucci for an in-depth evaluation of your case. The firm, located at Via Alberto da Giussano 26 in Milan, is ready to offer you the necessary assistance to protect your rights and those of your child with the utmost confidentiality and professionalism.