Disavowal of paternity in Italy

The action can be undertaken based solely on the lack of a biological link between the parent and the child. It can be initiated by the person who effected the recognition, even if they did so consciously knowing that the child was not theirs, within one year of the registration of the recognition on the birth certificate. If the recognition was obtained with coercion, the term is one year from the moment in which the coercion ceased. In the case in which the person who recognised the child subsequently discovers that they were incapable of procreating at the moment of conception, they can act within one year of this discovery.

Similarly, the mother who recognised the child can demonstrate, within the same term, that she was not aware of the procreative incapacity of the presumed father.

This action can also be promoted by those who have a legitimate or moral interest, such as for example the spouse of the person who effected the untruthful recognition. The interest must not be exclusively legal, but can also be linked to ethical or personal motivations. In any event, the contestation must be initiated within five years of the registration of the recognition on the birth certificate.

Also the adult child has the faculty to bring this action (we speak of disavowal of paternity of the adult child), or a special curator can do so at the request of the child themselves if they are at least 14 years old, or of the public prosecutor or of the other parent, in the case of younger children.

The lack of biological link between father and child can also be demonstrated through direct witness testimony, but the most reliable evidence is that of the DNA test, which allows verification or exclusion of paternity with certainty.

If the judge upholds the action, the legal relationship between father and child is annulled, with all the consequences that this entails, including the loss of the surname, of derived citizenship and of the rights linked to parental authority.

It must be underlined, however, that the loss of the surname is not automatic: the court can decide to allow the child to maintain the surname received at birth, if this is considered an integral and distinctive part of their personal identity.

The disavowal of paternity action must be promoted respecting the terms established by law. The mother has six months available from the birth of the child or from the day on which she discovered the husband’s impotence to procreate at the time of conception. The husband, instead, can disavow the child within one year of the birth, on condition that he was in the place of birth at the moment of the event. If he demonstrates having ignored the wife’s adultery or his own impotence at the time of conception, the term runs from the day on which he became aware of such facts.

If the husband was absent from the place of birth, the term of one year runs from his return to the family residence. However, in no case can the action be promoted beyond five years from the birth of the child.

The adult child can bring the disavowal of paternity action without time limits, while for minor children the action can be initiated by a special curator appointed by the judge, at the request of the public prosecutor, of the other parent or of the child themselves, if they have completed at least fourteen years of age.

Suspension of the term

If the person who intends to promote the disavowal of paternity action is in a state of legal incapacity or suffers from a serious mental infirmity, the running of the term is suspended for as long as such conditions persist. In the case of the child, the action can be brought by the public prosecutor, by the guardian or by a special curator, with the same guarantees.

Relatives too can intervene in specific circumstances. If the father, the mother or the child die without having promoted the action, their descendants, ascendants or spouses can do so within one year of the death or of the reaching of the age of majority.

In disavowal of father cases, the principal evidence is represented by the DNA test, which allows the ascertainment of the existence or otherwise of a biological link between the presumed father and the child. The test is ordered by the court and takes place through a saliva sample to compare the DNA of the parties involved.

The legislation allows paternity or maternity to be proved through any evidentiary means, specifying however that the mother’s declaration alone or the existence of relationships with the presumed father do not constitute by themselves sufficient proof. However, such elements, if integrated by further confirmations, can contribute to the conviction of the judge.

Boschetti Studio Legale, thanks to its consolidated experience in family law, offers complete assistance to face these proceedings with professionalism and precision. In this context, modern scientific technologies, such as haematological and DNA analyses, today represent the most reliable method to verify a biological link.

DNA polymorphism analysis, indeed, ensures a very high degree of certainty, allowing the exclusion of paternity or the determination of a probability higher than 99.72%, which is considered sufficient to attribute paternity. Such examinations, carried out through comparison of the genetic profile of the child with that of the parents, constitute direct proof that exceeds the merely indicative value of other evidence. In paternity ascertainment proceedings, the technical consultant appointed by the judge plays a fundamental role, since they acquire and analyse the necessary genetic data, serving as an objective source of evidence. This allows the judge to base their decisions on scientific findings, considered the safest means to determine the presence or absence of a biological link.

Boschetti Studio Legale relies on a team of experts in legal and scientific matters, ensuring a multidisciplinary approach that allows concrete and rapid results to be obtained. At the same time, the principle of freedom of evidence allows the use of any suitable means to demonstrate paternity, avoiding hierarchies between evidence.

Although the subject involved is not obliged to undergo genetic examinations, any unjustified refusal can be assessed by the judge as a significant indicator. This assessment does not limit the right of defence, but is part of the free assessment of evidence, which includes the consideration of the procedural conduct of the parties.

Case law, indeed, considers that the refusal to undergo genetic analyses or opposition to such requests can constitute a relevant indicative element, capable of influencing the final judgment. In this way, the upholding of the application for ascertainment or disavowal of paternity is grounded on the combination of scientific evidence and procedural conduct, ensuring respect for biological truth and the rights of all parties involved.

With the guidance of Boschetti Studio Legale, every client can face this delicate procedure with the security of being followed by professionals capable of obtaining the best possible result.

The link between declaration of paternity and disavowal of paternity represents a central topic in family law.

While the declaration of paternity consists in the formal recognition by a father towards a child, disavowal is the legal proceeding that allows the father to deny such bond.

The declaration can take place through several methods: voluntary recognition, in which the father consciously declares to be a parent, the legal presumption, which applies when the father is married to the mother at the moment of the birth or in the nine months preceding, or through judicial ascertainment, where the court intervenes to establish paternity.

Conversely, disavowal of paternity occurs for reasons such as the absence of relationships between the parents or deception in the initial declaration. This proceeding can be initiated by the father, by the mother or by the child, but is subject to strict criteria and to a complex process, that can generate significant legal and personal consequences.

For example, disavowal can lead the child to lose fundamental rights such as filiation, Italian citizenship, inheritance and economic support, while the father might lose the right to maintain relationships with the child.

Although disavowal is a legal right, it cannot be used to evade duties towards the child, and requires specific legal prerequisites and a procedure compliant with the law. In addition, disavowal can affect the possibility of establishing a new filial status, since a judicial declaration of paternity can be promoted only after the previous status has been formally removed.

In some cases, the law allows simultaneous proceedings for declaration and disavowal, but this depends on the circumstances and the compatibility of the requests. Since the relationship between declaration and disavowal of paternity is characterised by complexity and profound implications, it is essential to turn to a lawyer experienced in family law such as Boschetti Studio Legale to receive adequate advice and competently address any legal disputes.