The Right to Compensation for the Deprivation of a Parental Figure

Growing up without one of the two parental figures creates an emotional and relational void that can profoundly impact an individual's personality development. When this absence is determined by a parent's decision not to acknowledge their child, or to completely disregard them despite acknowledging them late, the Italian legal system provides specific protective measures. As a family lawyer operating in Milan, Avv. Marco Bianucci understands that behind every claim for compensation, there is not just an economic issue, but the need for recognition of the suffering endured due to moral and material abandonment.

The case law of the Court of Cassation has now consolidated the principle that the duty to maintain, educate, and bring up offspring, established by Article 30 of the Constitution, arises solely from the act of procreation. The violation of these obligations not only entails sanctioning consequences but also constitutes the elements of a civil wrong. Therefore, the child has the right to take legal action to obtain compensation for non-pecuniary damages (moral and existential) arising from the deprivation of the parental relationship, which has violated their fundamental right to full personal fulfillment within the primary social unit, namely the family.

The Bianucci Law Firm's Approach to Intra-Family Damages

Addressing a lawsuit for compensation for damages due to non-recognition requires a meticulous procedural strategy and deep sensitivity. The approach of Avv. Marco Bianucci, an experienced family law attorney in Milan, is distinguished by the attention dedicated to the evidentiary reconstruction of the damage. It is not sufficient, in fact, to prove the mere biological fact of procreation and the subsequent absence of the parent; it is necessary to prove the concrete prejudice suffered by the child in terms of inner suffering and alteration of their life habits.

The Bianucci Law Firm works to translate the client's lived experience into solid legal arguments. The objective is to demonstrate the causal link between the conduct of the absent parent and the existential damage suffered by the child. The defense strategy also carefully evaluates the financial aspects, calculating the economic prejudice resulting from the lack of financial support that the parent should have provided from birth. Thanks to consolidated experience in this matter, the firm accompanies the client on this delicate journey, aiming to achieve substantial justice which, while unable to erase the past, restores dignity and recognition to the pain experienced.

Frequently Asked Questions

Can I claim damages even if I am now an adult?

Absolutely. The right to compensation for non-recognition or for the deprivation of a parental figure can be exercised even in adulthood. The damage, in fact, has persisted throughout the growth period and often continues to produce effects. However, it is crucial to consider the statute of limitations, which begins to run from the moment the right can be exercised, often coinciding with the final judgment of judicial declaration of paternity.

What do I need to prove to get compensation from the father who did not recognize me?

The historical fact of non-recognition is not enough. It is necessary to allege and prove that this absence has caused unjust damage, such as severe psychological distress, relational insecurities, or the loss of educational and social opportunities due to fewer economic resources. Avv. Marco Bianucci will help you gather the necessary evidence, which may include testimonies, documents, and, if necessary, psychological assessments.

Does the other parent who raised me alone also receive compensation?

Yes, the parent who has solely provided for the child's maintenance also has the right to take action against the other parent. In this case, it is usually a recourse action to recover the proportionate share of expenses incurred for the child's maintenance that would have been due from the other parent from birth, in addition to any compensation for damages suffered due to abandonment.

How long does a case of this type take?

The duration of proceedings for compensation for intra-family damages varies depending on the complexity of the case and the caseload of the competent Court. If paternity has already been established, the process will focus solely on quantifying the damages. The Bianucci Law Firm is committed to handling the case with the utmost speed possible, also considering out-of-court negotiation paths if they are advantageous for the client.

Request a Legal Consultation in Milan

If you have experienced the painful situation of non-recognition and wish to understand your compensatory rights, it is essential to rely on a competent professional. Avv. Marco Bianucci, a family lawyer in Milan, is available to analyze your case with the confidentiality and professionalism that the matter requires. We receive at our office at Via Alberto da Giussano, 26, to evaluate together the best course of action to protect your interests.