{"id":2317,"date":"2024-11-18T17:26:06","date_gmt":"2024-11-18T16:26:06","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2317"},"modified":"2026-07-10T16:47:17","modified_gmt":"2026-07-10T14:47:17","slug":"filiation-and-minors","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/filiation-and-minors\/","title":{"rendered":"Filiation and minors"},"content":{"rendered":"

Filiation and minors in Italy<\/h1>\n
Filiation guarantees minors equal rights regardless of the parents’ marital status. Italian legislation protects their well-being, with no distinction of status, and provides instruments to resolve any conflicts. It is essential to ensure legal and emotional protection for children.<\/div>\n
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Filiation represents a fundamental pillar of family law, governing the legal relationships between parents and children, with particular attention to the protection of the rights of minors.<\/span><\/p>\n

Italian legislation on filiation and minors has been deeply reformed in recent years, eliminating distinctions that in the past created inequalities.<\/span><\/p>\n

Before the reform of filiation, introduced by the Legge 219\/2012 and the Decreto Legislativo 154\/2013, there was a separation between “legitimate” children, born within marriage, and “natural” children, born to unmarried parents. This distinction, which for years had influenced the successoral and personal rights of minors, has been overcome. Today, the Codice civile simply uses the term “children”, without further qualifiers, ensuring equal rights for all.<\/span><\/p>\n

A relevant aspect of the reform concerns article 74 of the Codice civile, which defines kinship as a bond uniting persons descending from a common ancestor, regardless of whether the birth took place within or outside marriage, or is the result of an adoption.<\/span><\/p>\n

However, the kinship with the family of the adopters does not apply in cases of adoption of adults. This regulatory amendment has had significant repercussions on the successoral level, extending the kinship bond also to relatives of the parent, such as grandparents, uncles, aunts and cousins, even for children born outside marriage.<\/span><\/p>\n<\/div>\n

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Acts of ascertainment of filiation<\/h2>\n<\/div>\n
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The ascertainment of filiation is the procedure by which the legal bond between parents and children is formally recognised. The reform has standardised the procedures for children born in marriage and children born outside it, while retaining some operational differences that deserve attention.<\/span><\/p>\n

Children born in marriage<\/span><\/em><\/p>\n

For children born during marriage, the law presumes that the mother’s husband is the father, unless evidence to the contrary is provided. This principle, known as the presumption of paternity, is based on specific time-related criteria. A child is considered to have been conceived during marriage if born between 180 days after the celebration of the wedding and 300 days after its termination.<\/span><\/p>\n

However, this presumption may be challenged in specific situations, such as legal separations or situations of prolonged non-cohabitation between the spouses.<\/span><\/p>\n

Where there are challenges, it is possible to bring an action of disownment of paternity, which allows to demonstrate the absence of biological ties between the child and the mother’s husband. The child as well, once he or she has reached the age of majority, may bring legal actions to ascertain his or her status of legitimate child.<\/span><\/p>\n

Children born outside marriage<\/span><\/em><\/p>\n

For children born outside marriage, the recognition of filiation requires a formal act.<\/span><\/p>\n

This may take place at the moment of birth or subsequently, through a declaration before the registrar of civil status, the judge or by means of a public deed or will. Parents married to other partners may also recognise a child born outside marriage, either jointly or separately.<\/span><\/p>\n

Where one of the parents opposes the recognition, the other may turn to the judge, who will assess the situation and, if necessary, hear the minor (if he or she is at least 12 years old or has sufficient capacity of discernment). The judge may adopt temporary measures to ensure the protection of the minor during the proceedings.<\/span><\/p>\n

A particular feature concerns minors who have reached the age of 14: their consent is necessary for the recognition to produce legal effects. Furthermore, parents who have not reached the age of 16 may recognise a child only with the authorisation of the judge, who always assesses the interest of the minor.<\/span><\/p>\n<\/div>\n

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The recognition of the filiation relationship<\/h2>\n<\/div>\n
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The recognition of the filiation relationship represents a formal and irrevocable declaration that establishes the legal bond between parents and children. Even where made through a will, the recognition takes effect from the death of the testator, regardless of whether the will is subsequently revoked.<\/span><\/p>\n

In addition to voluntary recognition, it is possible to obtain a judicial declaration of paternity or motherhood in cases where a parent does not accept to recognise the child. In these situations, the judge may rely on genetic evidence or other elements, such as the conduct of the alleged parent towards the minor (for example, regular financial gifts, interest in education or other acts demonstrating a parental relationship).<\/span><\/p>\n

Motherhood, in general, is easier to prove, as it is based on the evident biological bond between mother and child. Nevertheless, even in this case, disputes may arise that require the intervention of the judge for an accurate assessment.<\/span><\/p>\n<\/div>\n

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Legal advice for filiation and minors in Italy<\/h2>\n
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The handling of issues related to filiation is complex and requires a deep knowledge of national and international legislation, as well as a sensitive and tailored approach. This is where the role of the lawyer becomes fundamental.<\/span><\/p>\n

A law firm specialised in family law does not limit itself to providing technical and legal support, but also acts as a guide for families that find themselves having to deal with emotionally difficult situations, such as disputes over filiation or the need to protect the rights of a minor. The figure of the lawyer is crucial in order to:<\/span><\/p>\n