Declaration of paternity: commentary on the ruling of the Supreme Court, Ord. No. 21979 of 2024
The ruling of the Supreme Court No. 21979 of 2024 provides significant insights regarding the judicial declaration of paternity, a highly relevant topic in family law. In particular, the analyzed case concerns a mother's request for the recognition of paternity by a non-recognizing biological father. This decision not only clarifies some procedural aspects but also highlights the rights of the minor involved.
The context of the ruling
In the specific case, B.B. sued A.A. to obtain the declaration of paternity for C.C., the child born from their relationship. Although the father had never recognized the child, the Court of Pistoia upheld the request, establishing a contribution for maintenance. The Court of Appeal of Florence confirmed this decision, leading A.A. to appeal to the Supreme Court.
The legal issues at hand
- The issue of the legal capacity of the minor upon reaching adulthood.
- The consent of the child over the age of fourteen for the continuation of the legal action.
- The refusal of A.A. to undergo genetic testing and its implications.
The Supreme Court reiterated the importance of the minor's consent in the declaration of paternity, emphasizing that such consent must be present at the time of the decision.
Analysis of the Court's decisions
The Court found A.A.'s grounds for appeal unfounded, specifying that the interruption of the process due to C.C.'s adulthood was not automatic and that the consent of the minor was necessary to proceed with the action. Furthermore, the Supreme Court clarified that a father's refusal to undergo DNA testing can constitute strong evidence in favor of the paternity claim.
This aspect is particularly relevant, as it highlights how case law is evolving towards greater protection of minors' rights, ensuring them not only legal recognition but also the right to proper representation in court.
Conclusions
The ruling No. 21979 of 2024 represents an important step in recognizing the rights of minors in matters of filiation. The Supreme Court has established clear principles regarding the consent of the minor and the duty of parents to recognize and support their children. In a constantly evolving legal context, it is essential for legal professionals to stay updated on the regulations and rulings that impact the lives of families and minors in Italy.
