Recognition of the natural child
The Law Firm Cecatiello, lawyer Cecatiello, takes care of the recognition of children born out of wedlock in Milan and on all the national courts thanks to the experience gained in family law.
The recognition of natural children is an act by which children born out of wedlock can be recognized by the mother or father or both, separately or jointly, even if already married to another person. The recognition was reformed by law no. 219 of 10.12.2012 which equated the legal status of all children.
Following the Legislative Decree 154 / 2013, implementing the 219 law, this equation has become almost total: there will no longer be natural children and legitimate children but children born in a state of matrimony and out of wedlock.
Recognition is an act by which one or both parents transform the fact of procreation (in itself insufficient to create a legal relationship) into a state of filiation (recognized child) that is relevant to the law.
The declaration to recognize a child born out of wedlock is a solemn and irrevocable act and must be alternatively formalized: in the act of birth; in a statement before the civil status officer; in a public document (they are those written before a public official, such as a notary public); in a will (whatever the form); in an application presented to the Tutelary Judge.
The recognition contained in a will produces its effects only from the day in which the person who wrote it died. Once carried out, the recognition can no longer be revoked (not even via a will).
Following the D.lg. 154 / 2013 now the so-called incestuous children can also be recognized (children born of parents among whom there is a relationship of kinship or affinity) subject to authorization by the judge regarding the interest of the child and the need to avoid any prejudice. Epochal reform when one considers that in the past recognition could not be made towards parents of bad faith (that is, they were aware of their relationship of kinship or affinity).
It is necessary to have reached the age of sixteen in order to recognize a child.
If the father or mother has not yet turned sixteen, and therefore, can not recognize the child, the latter can not be placed in a state of adoptability until the achievement, by the parent himself, of the age necessary for completion of recognition provided that, in the meantime, the minor is assisted by the natural parent or relatives.
Recognition can be done by both parents and only one of them and if one of the parents has already made the recognition, the other parent who intends to do so must obtain consent.
When consent is refused, the parent can petition the court to assess the child's interest and may grant an authorization.
It must be taken into account that if the minor to be recognized has already fourteen years, his consent is required.
With the law n. 219 of 2012 and the subsequent integration of D.lgs. 154 / 2013, the child born out of wedlock can be recognized by the mother and father, even if already married in marriage with another person at the time of conception.
The recognition can be challenged for lack of truthfulness: the recognition does not correspond to the truth in how much the recognized subject has not been procreated by who has solemnly declared to be the parent; for violence to the author of the recognition: if the author of the recognition has been forced with violence (even if the recognition corresponds to truth); incapacity resulting from judicial interdiction (an instrument of protection aimed at depriving the ability to act subjects in psychophysical conditions that render them unable to provide for their interests): the author of the recognition, even if it corresponds to the truth, was not able to evaluate the consequences .
The appeal for lack of truthfulness can be activated (only by giving evidence by any means that the relationship of filiation does not exist) and by the parent himself (who can act even when he was aware that the recognition did not correspond to truth) and from who is been recognized (which may have a moral interest) and by anyone with an interest (for example, the heirs of the author of the recognition or the true parent).
Those who have been recognized, if they are underage or interdicted, can not challenge the recognition unless the judge, on the request of the minor who is sixteen or of the guardian, nominates a special administrator.
If the recognition was made by mistake or fraud (following a deception) but is true, the child's interest prevails.
When the recognition is challenged, the judge may take provisional measures to protect the child.
The action for challenging the recognition becomes imprescriptible (not subject to any term) only for the child while it will be subject to a term of forfeiture by the other legitimized.
The recognition involves the parent taking all the duties and rights he has towards the children conceived during the marriage.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.