How Recognition of paternity or maternity works?

it has been established that any regulatory inequality between legitimate children and natural children should be overcome by virtue of the principle of the uniqueness of the status of child. Therefore , children born out of wedlock are in all respects equivalent to children born in constant marriage .

Attribution of maternity and paternity

When a child is born whose parents are united by a marriage valid for civil purposes, the birth declaration can be made indifferently by the mother or father.

On the other hand, when the child is born to unmarried parents, it is necessary for both to be recognized for the purpose of attributing maternity and paternity.

This occurs through the act of recognition or the judicial declaration by the Court following a procedure initiated by the interested party.

It is important to specify that the parent who recognizes the child must have reached the age of sixteen , unless the judge, having assessed the circumstances and having regard to the interest of the child, authorizes them.

The child born out of wedlock can be recognized by one or both parents jointly at the time of birth.

In the event that the child, at birth, has been recognized by only one parent , it will always be possible, in the future, to be recognized by the other with a specific declaration after the birth before the registrar, the tutelary judge or to a Notary. (Public Act or Testament).

If the recognized child has reached the age of fourteen, he must give his consent to the recognition.

If the recognized child is under the age of 14, the parent who first recognized him must express his consent to the subsequent recognition.

Another particular situation is that in which an unborn child is recognized, which is used in the event that the parents cannot be both present at the time of the birth declaration , or in the case of dangerous professions. In this case, the child can be recognized before birth by the mother or by both parents.

There is also the possibility that a child will not be recognized by the parents . In this case, the birth declaration will be made by the person who witnessed the birth and the surname is attributed by the registrar who must follow the indications and limits indicated by the law in force.

The aforementioned Law 219 of 2012 introduces some important innovations:

• attention shifts from the concept of "parental responsibility" to the more general concept of the relationships between parents and children;
• alongside the duties of parents, maintenance, education and instruction (already provided for by the Constitution), the right of the child to be morally assisted, as well as to grow up with his family, to have relations with relatives and to be listened to in all the issues and procedures that concern him;
• the general principle of the uniqueness of the juridical status of a child is introduced, as a result of which the provisions on the subject of filiation apply to all children, without distinction, except in cases where there are reasons to distinguish children born in marriage from those born out of wedlock (the definitions of "children born in marriage" and "children born out of wedlock" replace the previous ones of "legitimate children" and "natural children", thus adapting the civil code to the formula lexical adopted by article 30 of the Constitution);
• adaptation of the discipline on inheritances and donations, in order to eliminate any discrimination between children;
• introduction of the notion of abandonment, having regard to the lack of assistance from parents and the family which has led to an irreparable compromise in the growth of the child, it being understood that they cannot constitute an obstacle to the right of the child to live in his own family, conditions of parental poverty;
• the principle is affirmed that the recognized child is a relative of the relatives of his parent;
• for the purposes of recognition, a reduction of the age required to express consent from 16 to 14 years of age is envisaged.

Attribution of the surname

If only one parent (usually the mother) carries out the recognition, the child will be given his or her surname.

If, on the other hand, the recognition is made by both parents jointly at the time of the birth report, the surname attributed will be that of the father, unless requested by the same to also attribute the maternal surname in addition to the paternal one.

If the child is recognized first by the mother and only subsequently by the father , he acquires the maternal surname at the time of the birth declaration. The subsequent act of paternal recognition is decisive for the attribution of the surname but the age of the child is equally so:

• if the child is a minor , the surname is decided by the Ordinary Court competent for the territories and the request to the ordinary judge for the attribution of the surname following the subsequent paternal recognition of the minor must be forwarded by the parents themselves;
• if the child is of age, he or she can choose whether to take the father's surname in addition to that of the mother, take the paternal surname in place of that of the mother or keep that of the mother.

it has been established that any regulatory inequality between legitimate children and natural children should be overcome by virtue of the principle of the uniqueness of the status of child. Therefore , children born out of wedlock are in all respects equivalent to children born in constant marriage .

Attribution of maternity and paternity

When a child is born whose parents are united by a marriage valid for civil purposes, the birth declaration can be made indifferently by the mother or father.

On the other hand, when the child is born to unmarried parents, it is necessary for both to be recognized for the purpose of attributing maternity and paternity.

This occurs through the act of recognition or the judicial declaration by the Court following a procedure initiated by the interested party.

It is important to specify that the parent who recognizes the child must have reached the age of sixteen , unless the judge, having assessed the circumstances and having regard to the interest of the child, authorizes them.

The child born out of wedlock can be recognized by one or both parents jointly at the time of birth.

In the event that the child, at birth, has been recognized by only one parent , it will always be possible, in the future, to be recognized by the other with a specific declaration after the birth before the registrar, the tutelary judge or to a Notary. (Public Act or Testament).

If the recognized child has reached the age of fourteen, he must give his consent to the recognition.

If the recognized child is under the age of 14, the parent who first recognized him must express his consent to the subsequent recognition.

Another particular situation is that in which an unborn child is recognized, which is used in the event that the parents cannot be both present at the time of the birth declaration , or in the case of dangerous professions. In this case, the child can be recognized before birth by the mother or by both parents.

There is also the possibility that a child will not be recognized by the parents . In this case, the birth declaration will be made by the person who witnessed the birth and the surname is attributed by the registrar who must follow the indications and limits indicated by the law in force.

The aforementioned Law 219 of 2012 introduces some important innovations:

• attention shifts from the concept of "parental responsibility" to the more general concept of the relationships between parents and children;
• alongside the duties of parents, maintenance, education and instruction (already provided for by the Constitution), the right of the child to be morally assisted, as well as to grow up with his family, to have relations with relatives and to be listened to in all the issues and procedures that concern him;
• the general principle of the uniqueness of the juridical status of a child is introduced, as a result of which the provisions on the subject of filiation apply to all children, without distinction, except in cases where there are reasons to distinguish children born in marriage from those born out of wedlock (the definitions of "children born in marriage" and "children born out of wedlock" replace the previous ones of "legitimate children" and "natural children", thus adapting the civil code to the formula lexical adopted by article 30 of the Constitution);
• adaptation of the discipline on inheritances and donations, in order to eliminate any discrimination between children;
• introduction of the notion of abandonment, having regard to the lack of assistance from parents and the family which has led to an irreparable compromise in the growth of the child, it being understood that they cannot constitute an obstacle to the right of the child to live in his own family, conditions of parental poverty;
• the principle is affirmed that the recognized child is a relative of the relatives of his parent;
• for the purposes of recognition, a reduction of the age required to express consent from 16 to 14 years of age is envisaged.

Attribution of the surname

If only one parent (usually the mother) carries out the recognition, the child will be given his or her surname.

If, on the other hand, the recognition is made by both parents jointly at the time of the birth report, the surname attributed will be that of the father, unless requested by the same to also attribute the maternal surname in addition to the paternal one.

If the child is recognized first by the mother and only subsequently by the father , he acquires the maternal surname at the time of the birth declaration. The subsequent act of paternal recognition is decisive for the attribution of the surname but the age of the child is equally so:

• if the child is a minor , the surname is decided by the Ordinary Court competent for the territories and the request to the ordinary judge for the attribution of the surname following the subsequent paternal recognition of the minor must be forwarded by the parents themselves;
• if the child is of age, he or she can choose whether to take the father's surname in addition to that of the mother, take the paternal surname in place of that of the mother or keep that of the mother.