DNA TEST, SON BORN OUT OF MARRIAGE AND IMPRESCRIBITABILITY OF ACKNOWLEDGMENT

In the United States, DNA tests are available everywhere in supermarket pharmacies to determine paternity at home . In Italy, tests must be performed in accredited laboratories, ensuring full privacy protections for both adults and minors. Once paternity has been established with new scientific tools, it is important to note that the declaration of recognition of a child born out of wedlock is a solemn and irrevocable act and must be formalized, alternatively:

in the birth certificate;
in a statement before the registrar;
in a public deed (are those drawn up before a public official, such as a notary);
in a will (whatever the form);
in a request presented to the tutelary judge.

The recognition contained in a will produces its effects only from the day the testator died. The recognition can no longer be revoked even through a will. To be able to carry out the recognition it is necessary to have completed the sixteenth year of age.

If the parent is under sixteen years of age and therefore cannot recognize the child, the child cannot be placed for adoption until the parent reaches the age required for recognition, provided that, in the meantime, the minor is assisted by the natural parent or relatives.

Recognition can be made either by both parents or by just one of them.

If one of the parents has already carried out the recognition, the other parent who intends to do so must obtain its consent and if the consent is refused the parent can apply to the court which, having assessed the child's interest, can grant an authorization.

If the child to be recognized is already sixteen, his consent is required.

With Law no. 219 of 2012 and the subsequent integration of Legislative Decree 154/2013 , a child born out of wedlock can be recognized by the mother and father, even if they were already married to another person at the time of conception.

Moreover, the limit of sixteen years of age of the parents to carry out the recognition is now lowered, making the completion of the fourteen years sufficient.

The consent to the recognition, unlike what happened in the previous legislation, can no longer be refused if it corresponds to the interest of the child and, if this happens, it is always possible to apply to the competent judge.

In our legal system, judicial paternity determination of children born out of wedlock is not subject to a statute of limitations . The need for certainty in relationships does not make this a constitutional value that prevails over the legislator's goal in the 1975 reform—and in subsequent years for other reasons—of ensuring broad protection for children born out of wedlock. The Cecatiello Law Firm in Milan has handled many cases regarding the recognition and denial of paternity, when, even several years after the child's birth, there is a need for clarity.

The Supreme Court confirms the imprescriptibility of the action provided for by art. 270, paragraph 1, of the Civil Code , comparing the protected interests, both on the paternal side and on that of the subjects entitled to file it.

The 1975 reform of family law, which repealed Article 271 of the Civil Code and introduced the "imprescriptibility" of the action for judicial declaration of paternity (Article 270, paragraph 1, of the Civil Code) , had already set itself a higher goal than the need for certainty in family relationships, namely to guarantee the broadest possible protection for children born out of wedlock.

A judgment declaring "natural" parentage produces the effects of recognition, pursuant to art. 277 of the Civil Code, and, therefore, pursuant to art. 261 of the Civil Code , implies for the parent all the duties inherent in legitimate procreation, including that of maintenance pursuant to art. 148 of the Civil Code ; the related obligation is linked to parental status and consequently takes effect equally from the birth of the child, with the corollary that the other parent, who in the meantime has assumed the burden of maintenance also for the portion pertaining to the judicially declared parent, according to the distribution criteria set forth in the aforementioned art. 148 of the Civil Code, has the right of recourse for the corresponding share, in accordance with the rules set forth in art. 1229 of the Civil Code in relationships between joint and several debtors . This means that the parent who has supported the child alone should consult a law firm specializing in family law to ensure that the other parent recognizes the amount of child support paid and, if necessary, if they cannot reach an agreement, to go to court to determine the actual amount owed.

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