Cass. civ., Sec. I, Ord., no. 28551/2023: Recognition of Paternity and Parental Responsibility

The recent order of the Court of Cassation, no. 28551 of October 13, 2023, addresses the delicate issue of paternity recognition and its legal consequences. The decision is part of a complex legal context, where proof of procreation and the economic responsibilities of parents are at the center of legal debate.

Context of the Ruling

The case under review arises from an appeal by A.A. against the judgment of the Court of Appeal of Salerno, which had recognized paternity towards B.B. and had established a maintenance allowance. The Court reiterated that the declaration of paternity cannot be based solely on a DNA test but must also consider other evidentiary elements, such as the relationship between the parents and the knowledge of procreation.

The lower court emphasized that judicial declaration of paternity is based on evidence of gravity, precision, and concordance.

Implications of the Decision

The ruling touches upon important legal issues concerning intra-family tort and the economic responsibility of the parent. In particular, the Court clarifies that awareness of procreation is fundamental for attributing responsibility to the non-recognizing parent. Furthermore, the maintenance allowance must be proportionate to the parents' economic capabilities and the child's actual support needs.

Final Considerations

This order from the Court of Cassation represents a significant step in protecting the rights of minors and defining parental responsibilities. Recognizing the right to paternity is not just a formal act but also implies economic and emotional duties that parents must respect. The ruling invites deep reflection on the importance of ensuring adequate support for children, both economically and relationally.