The Right to Identity and Compensation for Endofamilial Damage

The discovery or awareness of not having been recognized by a biological parent represents one of the deepest emotional and psychological wounds a person can experience. Beyond personal pain, this situation constitutes a precise violation of fundamental constitutionally guaranteed rights. Italian legislation and case law have long clarified that the unjustified refusal to recognize a child is not a free choice without consequences, but an unlawful act that generates the right to compensation. As an expert lawyer in family law in Milan, Avv. Marco Bianucci understands the delicacy of these dynamics, which intertwine the need for biological truth with the necessity of obtaining justice for the emotional and economic deprivations suffered over the years.

The Legal Framework: From Paternity Determination to Compensation

Our legal system provides that a parent has the duty to maintain, instruct, and educate their children solely by virtue of procreation, regardless of marital status. When a parent voluntarily refrains from recognition, they violate Article 30 of the Constitution and the duties imposed by the Civil Code. To remedy this situation, the primary tool is the action for judicial declaration of paternity or maternity. This proceeding aims to ascertain biological truth, often through the use of DNA testing, which today offers results of almost absolute certainty. However, establishing the status of a child is only the first step. Case law has consolidated the principle that non-recognition constitutes a civil wrong that gives rise to compensation for non-pecuniary damage, understood as inner suffering and injury to the right to parenthood, and for pecuniary damage, linked to the lack of economic support that the child would have been entitled to from birth.

The Bianucci Law Firm's Approach in Milan

Facing a lawsuit for paternity recognition and the subsequent claim for compensation requires a strategy that balances legal firmness with human sensitivity. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, focuses on a meticulous reconstruction of the family history and the consequences that the parent's absence has entailed in the client's life. The firm operates at Via Alberto da Giussano 26 with the aim of lightening the client's emotional burden, handling every technical aspect, from the formal request for a DNA test to the rigorous quantification of damages suffered. We do not limit ourselves to obtaining a judgment declaring paternity; we work to demonstrate in court the extent of the damage from the deprivation of a parental figure, valuing every element useful to prove the emotional void and the financial difficulties faced. Our experience allows us to guide the client even in situations where the parent is deceased, acting against the heirs to protect the inheritance and compensation rights due to the natural child.

Frequently Asked Questions

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

Absolutely yes. The right to compensation for the parent's non-recognition does not expire upon reaching adulthood. Case law recognizes that the damage, both emotional and economic, has continued throughout the period of growth. Therefore, it is possible to take legal action to obtain redress for the damages suffered during childhood and adolescence, as well as to recover sums owed for maintenance never paid.

What happens if the alleged father refuses to undergo a DNA test?

The unjustified refusal to undergo a DNA test is evaluated very severely by judges. Although no one can be physically forced to provide a sample, the court can draw inferences from such refusal. In practice, if the alleged father opposes the examination without a valid reason, the judge may consider this behavior as an implicit admission and declare paternity based on other circumstantial evidence gathered.

How is the compensation amount calculated?

The quantification of damages is complex and is carried out by the judge on an equitable basis, considering various variables. The duration of the parent's absence, the intensity of the suffering experienced by the child, the repercussions on their personal and social development, and, regarding pecuniary damage, the standard of living the child could have enjoyed if they had been recognized and supported from birth are taken into account.

Is it possible to take action even if the parent who did not recognize the child is deceased?

Yes, the action for judicial declaration of paternity or maternity can also be brought against the heirs of the deceased parent. In this case, the objective is to obtain the status of a child to access the legal inheritance and, if the conditions are met, to advance compensation claims within the limits of the estate. DNA testing can also be performed using biological samples from close relatives or through exhumation, if necessary.

Request a Legal Consultation in Milan

If you are considering initiating a paternity action or wish to obtain fair compensation for non-recognition, it is essential to act with the support of a competent professional. Avv. Marco Bianucci is available to analyze your case with the utmost confidentiality and professionalism. Contact the Bianucci Law Firm to schedule an appointment at our office and begin the path towards the recognition of your rights.