Actions for Recognition and Denial of Paternity
The actions for recognition and denial of paternity represent two fundamental institutions of family law, aimed at definitively establishing the relationships of filiation. At the Bianucci Law Firm in Milan, we offer complete legal assistance to address these delicate issues, protecting the rights of minors and the parents involved.
The recognition and denial of paternity are complex proceedings, regulated by Italian law, that require a careful assessment of the circumstances and an expert legal approach to ensure respect for biological truth and the superior interest of the minor.
Establishing paternity with certainty is a crucial step in guaranteeing the rights and duties towards the child and the parent.
Recognition of Paternity
Recognition of paternity is an act by which a man declares himself to be the biological father of a child. This can occur in several ways:
- At the time of the child's birth, with a declaration to the civil registry;
- Subsequently, through a declaration at the municipality or via a public act;
- By court ruling, in case of refusal or disputes.
The Bianucci Law Firm assists both parents wishing to proceed with the recognition and children seeking to assert their rights against the biological father.
Denial of Paternity
The denial of paternity is a legal action aimed at negating the filiation relationship between a man and a child, in the presence of elements demonstrating the absence of a biological link. The main prerequisites include:
- Scientific evidence such as DNA testing;
- Elements highlighting the physical impossibility of the filiation relationship;
- Situations of error or fraud in the initial declaration of paternity.
This action must be initiated within specific legal time limits and requires the support of an experienced lawyer for managing the judicial proceedings.
Our Legal Support
At the Bianucci Law Firm, we provide qualified assistance for all matters related to the recognition and denial of paternity, dealing with:
- Initial consultation to assess the feasibility and most appropriate legal strategies;
- Assistance in judicial proceedings for recognition or denial;
- Protection of the rights of the minors involved;
- Support in collecting and presenting the necessary evidence.
Our goal is to ensure that every action is conducted in compliance with the law and the well-being of the individuals involved.
Recognition of paternity is the act by which a man declares himself to be the biological father of a child, thereby guaranteeing rights and duties towards him. It can be done voluntarily or through a court ruling.
A denial action can be initiated when it is demonstrated that there is no biological link between the man and the child, for example through DNA testing. It must be promoted within specific legal time limits.
A recognition action can be initiated by the father, the child, or the parent exercising guardianship. The denial, on the other hand, can be requested by the presumed father, the mother, or the child himself.
The duration depends on the complexity of the case, the necessary evidence, and any opposition from the parties involved. On average, a proceeding can last several months or more if DNA tests or expert opinions are requested.
Yes, the Bianucci Law Firm offers complete support to manage actions for recognition or denial of paternity, ensuring legal protection and assistance at all stages of the proceedings.