Recognition of Paternity: Procedure, Defense, and Costs
To establish paternity for a child born to unmarried parents, legal representation is necessary. A child who has not been recognized by their father can approach the court to obtain a ruling confirming paternity and their status as a child.
The child can request recognition of paternity at any time, even upon reaching adulthood or after the father’s death; there is no statute of limitations for asserting this status. If the child is a minor, the mother, or a guardian with judicial permission, can file the suit on their behalf. If the child is 14 or older, their consent is required to initiate or continue the action.
The lawsuit must be directed against the presumed father or, if he is deceased, against those who accepted his inheritance, excluding relatives who renounced it. Legal assistance is essential, and the individual must choose their attorney; public representation is not provided. Legal fees are typically covered upfront but may be recoverable from the losing party upon final judgment.
There is no fixed legal fee for the attorney; it is subject to agreement between the parties and can vary based on the case’s complexity and the number of defendants involved. Additionally, the costs of a technical consultant for DNA examination should be anticipated.
Overall, the estimated expense for the entire procedure is around €5,000. Once paternity is established, the child gains the right to inherit from the father’s estate.
To notify the presumed father, the appointed attorney must file a formal legal notice at the court in the father’s place of residence. Paternity can be proven through various means, but the mother’s testimony alone is insufficient.
Typically, genetic testing, such as blood tests or DNA analysis, serves as the most reliable method to confirm paternity. If the presumed father unjustifiably refuses testing, this refusal can be interpreted by the judge as evidence supporting the child’s claim. If the defendant declines to undergo testing, the court may declare the existence of a parental relationship based solely on this refusal.
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