Judgment No. 22732 of 2024 on Natural Paternity: A Step Forward in Freedom of Evidence

The recent judgment of the Court of Cassation, order no. 22732 of August 12, 2024, offers important insights into the issue of natural paternity and the value of evidence in such proceedings. In a legal context increasingly attentive to fundamental rights, the order stands out for its clear affirmation of the principle of freedom of evidence, establishing that proof of sexual intercourse between the mother and the alleged father is not a necessary requirement for the admission of genetic evidence.

Context of the Judgment

In the case under review, the appellant S. (G. N.) challenged the decision of the Court of Appeal of Potenza, which had rejected the claim for the ascertainment of natural paternity. The central issue concerned the necessity of proving carnal intercourse between the parents as a prerequisite for the admission of genetic evidence, in this case, immuno-hematological tests.

The Court of Cassation, in its ruling, emphasized that Article 269, paragraph 2, of the Civil Code provides for freedom of evidence that does not allow for surreptitious limitations. This implies that all means of proof must have equal value and that it is not permissible to impose a hierarchy among them.

Headnote of the Judgment

PATERNITY AND MATERNITY - EVIDENCE Genetic or blood group tests - Admission - Prior historical proof of carnal intercourse between the mother and the alleged father - Necessity - Exclusion - Basis. In the matter of judicial declaration of natural paternity, the admission of immuno-hematological tests is not subject to the outcome of historical proof of the existence of sexual intercourse between the alleged father and the mother, as the principle of freedom of evidence, established in this matter by Article 269, paragraph 2, of the Civil Code, does not tolerate surreptitious limitations, neither by setting an axiological hierarchy among the investigative means suitable for proving such paternity, nor, consequently, by imposing on the judge a sort of "chronological order" in their admission and taking of evidence. On the contrary, all means of proof have equal value by express provision of law, and a different interpretation would result in a substantial impediment to the exercise of the right of action in relation to the protection of fundamental rights pertaining to status.

Legal and Social Implications

This judgment represents an important evolution in family law, especially in an era where the concept of family is constantly transforming. The decisions of the Court of Cassation can positively influence the lives of many children and families, ensuring access to biological truth and, consequently, to the rights linked to the status of filiation.

• Ensures that the rights of minors are protected.
• Allows for more direct access to natural paternity.
• Promotes fairer and more accessible justice for all families.

In conclusion, judgment no. 22732 of 2024 not only reaffirms the value of freedom of evidence but also represents a significant step towards greater protection of paternity and maternity rights. It underscores the importance of considering means of proof from a perspective of equity and justice, fostering a more inclusive society that respects contemporary family dynamics.

Conclusions

In summary, the recent ruling of the Court of Cassation offers important food for thought for family law and the protection of minors' rights, highlighting how justice can and must evolve to meet the needs of modern society. Freedom of evidence is configured as a fundamental tool for the recognition of natural paternity, opening up new possibilities for those seeking to establish authentic and recognized family ties.