Judicial declaration of paternity: biological tests are sufficient – Cassation no. 12245/2025
With order no. 12245 of 9 May 2025, the Court of Cassation – Civil Section I intervenes on a central issue of family law and filiationis status: in the context of a judicial declaration of natural paternity, immuno-haematological tests (such as DNA testing) are autonomous and sufficient to prove filiation, even in the absence of direct proof of the relationship between the alleged father and the mother.
Freedom of evidence in the declaration of paternity
The Court of Cassation clearly reaffirms the principle of equality and freedom of means of proof, established by art. 269, paragraph 2, of the Civil Code. There is no hierarchy between direct evidence (for example, testimonies or historical documents) and scientific evidence: all means of investigation have equal legal dignity.
The judge, therefore, cannot subordinate the admission of the biological test to the preliminary demonstration of a physical relationship between the alleged father and the mother. Any different approach would violate not only the right to evidence, but also access to the protection of fundamental rights related to the status of child.
Evidentiary value of immuno-haematological tests
Immuno-haematological tests, today largely coinciding with DNA analysis, represent a highly reliable evidentiary tool. Case law, including the recent Cass. n. 22732/2024, has recognized that these tools have full value for the purposes of establishing paternity.
The Court therefore excludes any imposition of a chronological order among the investigative means: the test can be requested and admitted also as principal evidence, and not only as confirmation of other findings.
Protection of the child's rights and certainty of status
The principle established by the Court of Cassation strengthens the protection of the fundamental rights of the child. The certainty of the biological bond is an integral part of the right to personal and family identity.
Decision No. 12245/2025 contributes to making the process more accessible and in line with reality, eliminating evidentiary filters that, in fact, could have compromised the effectiveness of judicial protection for children born out of wedlock.
Conclusions
The judicial declaration of paternity can be based exclusively on biological findings: the judge is not required to preliminarily verify the existence of a relationship between the mother and the alleged father.
The order of the Court of Cassation n. 12245/2025 consolidates an orientation that places the right to biological truth at the center and guarantees a process based on the balance between science and law.
