Disclaimer of paternity:

he action of denial of paternity is the remedy provided for by the legal system in order to achieve a judicial sentence that establishes that the person who was believed to be descended from another, however, is not biologically linked to her.

The disavowal of paternity aims at ascertaining the effective filial belonging to the one who was believed to be the father and can significantly affect the obligation to pay maintenance in favor of the child who is considered to be the natural child, because the obligation to maintain from the simple reason for the birth of the child

Who can ask for the denial of paternity:

According to article 243 of the civil code, the action of denial of paternity of the child born in the marriage can be exercised by the
husband, the mother and the child himself.

The people involved in the family unit are entitled to do so.

The action of denial of paternity is linked in a particular way to marriage because, in accordance with Article 231 of the civil code, there is the so-called presumption of paternity of the husband.

In other words, the law says that, unless it is possible to prove the contrary, through an action of disavowal, the husband is the father of the child conceived or born during the marriage.

The request for denial of paternity

Husband, mother and child can ask for the denial of paternity, but at different times and in different circumstances.

Here it is schematically reported when subjects can bring forward action of denial of paternity.

The disavowal of paternity by the mother

The action of disavowal of paternity by the mother must be proposed within six months from the birth of the child, that is to say
from the day on which she became aware of the impotence of her husband to generate at the time of conception pursuant to Article 244 of the Italian Civil Code. ..

The action of denial of paternity cannot be proposed beyond five years from the day of birth.

The same terms remain suspended if the applicant is in a state of interdiction due to mental infirmity or is in conditions of habitually serious mental infirmity.

The husband’s denial of paternity

The husband may disavow the child within one year from the day of birth when he was at the time of the birth in the place where the child was born.

If he proves that he has ignored his inability to generate or the adultery of his wife at the time of conception, the term runs from the day he became aware of it.

The action of denial of paternity, in these cases, cannot be proposed beyond five years from the day of birth.

If on the day of the birth the husband was not in the place where the child was born, the term of one year runs from the day of his return or from the day of return to the family residence, if he was away.

If he proves that he did not have news of the birth in those days, the term starts from the day on which he received the news.

The terms written above remain suspended if the applicant is in a state of interdiction due to mental infirmity or is in conditions of habitually serious mental infirmity.

It must also be specified that, both for the mother and for the husband, if they die without being able to promote the disavowal, but before the above-mentioned terms have expired, the descendants or ascendants are allowed to exercise it in their stead.

In such circumstances, the term starts from the death of the presumed father or mother, or from the birth of the child if it is a posthumous child or from the coming of age by each of the descendants.

The child’s denial of paternity

The law also allows the child to take action to deny paternity.

In such circumstances, the action of denial of paternity can be proposed by the child who has reached the age of majority. The action cannot be prescribed.

Retention and denial of paternity

The question of the maintenance allowance in relation to the action of denial of paternity arises more if it is the father who promotes the action, in compliance with the strict deadlines set by law..

Below we report what happens to the maintenance allowance if the child manages to exercise the action of denial of paternity.

If the father decides to go to court asking that his paternity be denied following his discovery of not being able to generate.

During the procedure, it is discovered, for example through the DNA test, that there is no blood link between the applicant for the disavowal and the alleged child and according to the most recent jurisprudence of the Supreme Court of Cassation (see Cass. no. 23973 of November 24, 2015) the judicial assessment of the absence of any real relationship of filiationit certainly makes the subsequent continuation of any type of maintenance, based on the non-existent quality of a child, devoid of any justification.

Consequently, the positive outcome of the action of denial of paternity excludes any relationship between the child and the one
who was believed to be the father, and consequently there is the loss of the obligation for the parent to continue to pay the maintenance, because once the father ascertains that the child is not his child, he is no longer obliged to maintain it, the non-
existence of the biological link, thereby eliminating any maintenance duty based on the parentage relationship.