Legal Protection of Children Born Out of Wedlock
In Italy, children born out of wedlock enjoy the same rights as children born within marriage, thanks to the provisions introduced by Law No. 219/2012. However, legal issues may arise regarding the recognition of parentage, maintenance obligations, and custody arrangements. At the Bianucci Law Firm in Milan, we offer legal assistance to protect the rights of children and the involved parents.
Our goal is to ensure that every decision is made in the best interest of the child, providing protection and stability in family and financial relationships.
Children born out of wedlock have the right to be supported, educated, and loved by their parents, with equal dignity to any other child.
Recognition of Parentage
The recognition of parentage is the first step in ensuring the rights of the child born out of wedlock. It can occur in several ways:
- Spontaneous recognition: carried out by the parents at the time of birth or subsequently at the civil registry office;
- Judicial recognition: requested by one of the parents or the child themselves through a lawsuit to establish paternity or maternity.
The Bianucci Law Firm assists parents or children in these procedures, providing support to ensure full recognition of parentage rights.
Maintenance Obligations
Both parents, regardless of their marital status, are obligated to contribute to the maintenance of the child in proportion to their economic capabilities. The expenses include:
- Care and nourishment;
- Education and vocational training;
- Recreational activities and extraordinary needs.
In case of conflict or non-compliance, legal actions can be initiated to enforce economic obligations.
Custody and Parental Rights
In cases of separation between parents, the custody of the child follows the same rules applicable to children born in marriage. The law favors shared custody, except in special situations that require exclusive custody. Parents' rights include:
- The right to participate in important decisions for the child;
- The right to visitation and to maintain a meaningful relationship with the child;
- The duty to protect and safeguard the child's physical and psychological well-being.
Our Legal Support
At the Bianucci Law Firm, we offer comprehensive assistance for all legal issues related to children born out of wedlock, including:
- Consultation and assistance in parentage recognition proceedings;
- Requesting and calculating maintenance obligations;
- Managing disputes related to custody and parental rights;
- Protecting the rights of the child in case of conflicts between parents.
Our goal is to ensure fair and respectful solutions for all parties involved, with particular attention to the child's well-being.
Yes, children born out of wedlock have the same rights, including maintenance, education, and recognition of parentage. Italian law guarantees equal dignity to all children.
If there is a refusal, it is possible to initiate legal action to obtain recognition of parentage. The court will evaluate the evidence presented, including genetic analyses such as DNA testing.
The maintenance obligation is calculated based on the child's needs and each parent's economic capabilities, taking into account the standard of living provided during cohabitation or the family relationship.
Yes, custody follows the same rules applicable to children born in marriage. The law favors shared custody, except in situations that require exclusive custody for the child's well-being.
Yes, our Firm offers complete legal support to initiate or contest parentage recognition proceedings, ensuring the protection of the rights of the child and the involved parents.