Declaration of Paternity: Commentary on Cass. civ., Ord. no. 21979 of 2024

The judgment of the Court of Cassation no. 21979 of 2024 offers significant insights into the judicial declaration of paternity, a matter of great importance in family law. In particular, the case analysed concerns the request of a mother to obtain recognition of paternity from a non-recognising biological father. This decision not only clarifies some procedural aspects but also highlights the rights of the child involved.

The Context of the Judgment

In the specific case, B.B. sued A.A. to obtain a declaration of paternity for C.C., the child born from their relationship. Although the father had never recognised the child, the Court of Pistoia granted the request, establishing a contribution for maintenance. The Court of Appeal of Florence confirmed this decision, leading A.A. to appeal to the Court of Cassation.

Legal Issues Under Discussion

• The issue of the minor's legal capacity upon reaching the age of majority.
• The consent of the child over fourteen years of age for the continuation of legal action.
• A.A.'s refusal to undergo genetic testing and its implications.

The Court of Cassation reiterated the importance of the minor's consent in the declaration of paternity, emphasising that such consent must be present at the time of the decision.

Analysis of the Court's Decisions

The Court found A.A.'s grounds for appeal to be unfounded, specifying that the interruption of proceedings due to C.C. reaching the age of majority was not automatic and that the minor's consent was necessary to continue the action. Furthermore, the Court of Cassation clarified that a father's refusal to undergo DNA testing can constitute strong evidence in favour of the paternity claim.

This aspect is particularly relevant, as it highlights how jurisprudence is evolving towards greater protection of minors' rights, ensuring them not only legal recognition but also the right to proper representation in court.

Conclusions

Judgment no. 21979 of 2024 represents an important step in recognising the rights of minors in matters of filiation. The Court of Cassation has established clear principles regarding the minor's consent and the parents' duty to recognise and support their children. In an ever-evolving legal landscape, it is crucial for legal professionals to stay updated on the regulations and judgments that affect the lives of families and minors in Italy.