In Order No. 21964 of 5 August 2024, the First Civil Division of Italy’s Court of Cassation examined a dispute involving a judicial declaration of paternity, maintenance and damages suffered by a daughter through her father’s absence.
The case before the Court
The Venice court had declared paternity, ordered maintenance and awarded both reimbursement of part of the mother’s expenditure and damages for the daughter. The Court of Appeal had upheld that decision. The Court of Cassation dismissed the father’s appeal.
Duties and proof of liability
The duty to contribute to a child’s upbringing and maintenance arises from procreation, even where parentage is established in court at a later date.
Damages for abandonment nevertheless require a finding that the parent knowingly and intentionally failed to meet those duties, or negligently remained unaware of the parent-child relationship. Serious, precise and consistent inferences may establish this, with the evidence assessed as a whole.
In this case, the courts had considered the father’s knowledge of the pregnancy and his opportunity to enquire about the birth. The Court of Cassation found no grounds to overturn that assessment. The order does not establish automatic compensation whenever a child is not acknowledged, or a fixed amount applicable to every case.
