Claim of the status of child in Italy
The claim of the status of child represents one of the most significant legal instruments for asserting one’s personal and family identity. This institution, governed by art. 239 of the Codice civile, allows the child to obtain recognition of his or her true status, where the birth certificate or the possession of status conflict with biological or legal reality. It is an action with profound personal and legal implications, as it corrects situations of error or falsity that may compromise the individual’s fundamental right to an authentic identity.
For foreign citizens residing in Italy, the claim of the status of child for foreigners in Italy takes on even greater relevance, as it often involves issues that go beyond national borders, with the need to engage with different legal systems. In such cases, the support of a law firm specialised in international law, such as Boschetti Studio Legale, is indispensable. The firm offers comprehensive and tailored assistance, guaranteeing a professional approach capable of meeting the needs of anyone facing a case of claim of the status of child or contestation of the status of child, whether they are a foreigner in Italy or a person residing abroad.
- Filiation and minors
- Disavowal of paternity
- Judicial declaration of maternity and paternity
- Claim of the status of child
- Administration of the minors assets
- Parental responsibility
- International child abduction
- Filiation for same sex couples
- Assisted fertilisation and medically assisted procreation abroad
Limitation period of the action of claim of the status of child
The action of claim of the status of child, as governed by art. 239 of the Codice civile, is one of the few legal actions that is not subject to limitation. This means that the child may act at any time, with no time limit whatsoever, to obtain recognition of his or her true legal status. This aspect is particularly important, as it acknowledges the centrality of the right to personal identity and protects the child from any delays or difficulties that may arise during his or her lifetime.
The main scenarios in which the claim of the status of child may be brought include situations of presumption of childbirth or substitution of newborn. In the first case, motherhood is attributed to a woman who did not give birth, often as a result of an error or an intentional simulation. In the second case, an exchange of newborns occurs, which may be accidental or wilful, with the result that the child is registered as the son or daughter of parents other than the biological ones. In both these circumstances, the child has the right to claim his or her own status, by demonstrating the untruthfulness of the birth certificate and his or her true biological descent.
Another relevant case concerns children born in marriage but registered as children of unknown parents. This situation may occur, for example, when the mother decides not to be mentioned in the birth certificate. In such circumstances, the child may act to claim his or her status, on condition that no final adoption judgment has intervened. The action may also be brought by a child recognised in conflict with the presumption of paternity or with a different presumption of paternity, as occurs in cases of concurring presumptions, for example during the period of “widow’s mourning.”
In order to exercise the claim, the child must demonstrate a series of fundamental prerequisites, including motherhood, the paternity of the mother’s husband and conception during marriage.
Evidence may be provided by any means, including witness statements, documents and scientific analyses such as the DNA test, which represents a crucial tool for ascertaining biological descent.
The contestation of the status of child
The contestation of the status of child, governed by art. 240 of the Codice civile, is an action complementary to the claim, aimed at removing a legal status that does not correspond to reality. Unlike the claim, which seeks to obtain recognition of a true status of filiation, the contestation focuses on the elimination of a status of child wrongly attributed.
This action may be brought in different circumstances, including substitution of newborn, presumption of childbirth or discrepancy between the possession of status and the birth certificate. For example, a child may contest the status attributed to him or her if he or she is registered as the son or daughter of parents who are not biologically such, or if the birth certificate does not match the actual facts. Furthermore, contestation is also admitted where the child has been registered as a child of unknown parents or where there is a mismatch between the woman indicated in the birth certificate and the actual woman who gave birth.
As for the claim, the contestation is not subject to limitation, and standing to act lies not only with the child but also with anyone who has an interest in it, such as the parents or other entitled parties. Nevertheless, the action requires solid evidence, capable of demonstrating the inaccuracy of the attributed status and justifying its removal.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.
Registering a cohabitation agreement and regularising the status of a foreign partner
A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.
Adult adoption to legally recognise a de facto family relationship
A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.
Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights
An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.
Adoption in Colombia: an Italian couple fulfils their dream after a three year journey
A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.
Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland
An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.
Adult adoption of a partner’s child: legal recognition of a twenty year family bond
A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.
Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs
Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.
Succession planning for a family business: transferring a €3 million business to the next generation
A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.
International adoption by a single parent: when the law opens a path few people know exists
A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.
Digital inheritance: recovering cryptocurrencies and digital assets after death
A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.
Legal name change for a transgender person: aligning official documents with gender identity
A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.
Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity
A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.
Legal advice for the claim of the status of child in Italy
The claim and the contestation of the status of child are complex actions that require highly qualified legal advice, especially for foreign citizens residing in Italy who find themselves dealing with the delicate matter of the claim of the status of child for foreigners in Italy.
These proceedings can be particularly difficult to handle, since they often involve evidence located in other countries, documents that are not easily obtainable and regulatory differences between the legal systems involved.
Our law firm, with its team of lawyers expert in international law, offers comprehensive and tailored assistance to address these issues. Whether it is a matter of gathering documentary evidence, representing the client in court or managing the technical aspects related to DNA analyses, the team of Boschetti Studio Legale guarantees 360-degree support, with particular attention to the specific needs of each case.
For example, in cases of presumption of childbirth or substitution of newborn, Boschetti Studio Legale assists clients in identifying the necessary evidence and in submitting an effective application. Likewise, for children registered as unknown or recognised in conflict with the presumption of paternity, the firm provides expert guidance in demonstrating biological descent and correcting the wrongly attributed legal status. Furthermore, the team has deep experience in handling cases with international elements, which often require collaboration with authorities and professionals from other countries.
If you need a lawyer for the claim of the status of child or the assistance of a law firm for a contestation of the status of child, contact us. Our mission is to protect your rights and help you obtain the recognition you deserve.
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How is the status of child proven?
The status of child is proven through the birth certificate and the possession of status, that is the social and family recognition of the parental relationship. In the event of disputes, it is possible to resort to complementary means of proof, such as witnesses, official documents or scientific examinations (for example DNA tests), to demonstrate the relationship of biological or legal filiation with the parents.
How can a child be excluded from the family status?
The exclusion of a child from the family status takes place through the updating of the registry records, usually following a change of residence of the child. This procedure is formalised by means of a communication to the Registry Office of the competent Comune, which proceeds to amend the family status on the basis of the new composition of the household.
When can a mother disown a child?
A mother can disown a child where there is evidence that there has been no childbirth (presumption of childbirth) or where a substitution of newborn has occurred. The action of disownment must be brought within the time limits set by law and accompanied by documentary and scientific evidence, such as medical certifications or genetic tests.
How is the status of child acquired?
The status of child is acquired at birth through registration with the registry office or through subsequent recognition by the biological or legal parent. Furthermore, it may be obtained through a judicial declaration of motherhood or paternity, or as a result of an adoption order that attributes filiation in a legal manner.
What is the action of claim of the status of legitimate child?
The action of claim of the status of legitimate child is a legal institution provided for by art. 239 of the Codice Civile, which allows a person to obtain recognition of his or her status of child born in marriage. The action seeks to correct errors in birth certificates, establishing biological or legal filiation through means of proof such as documents, witness statements and DNA tests.
