THE MOTHER IS NOT NECESSARILY REQUIRED TO PARTICIPATE IN THE JUDGEMENT OF PATERNITY TESTING OF 'NATURAL
(First Civil Chamber, Supreme No 12187 of 1 December 1997).
Article. 276 cc, the capacity to be sued in the action of judicial declaration of paternity or maternity is solely for the alleged natural parent or his heirs, subject to the act of "contradiction" for anyone interested. I1
natural parent-child relationship that is structured separately in relation to each of the natural parents individually, without providing for the joinder need the other parent and, in particular, the mother, in action for biological fatherhood.
's mother, except as required contradictor, has only the power to intervene, as anyone with an interest, pursuant to art. 276 para. cod. Civ. (Cass. 5340/89, 3143/94).
This is because the judicial declaration of paternity ago was only against the natural father, while the identity of the mother is placed in the context of that opinion as a finding of fact and may therefore be made even indirectly .
In proceedings of biological fatherhood, the "status" of a child is found only parent-child relations, but not in mother-child relationship, although the identity of the mother, if known, must necessarily be the subject of investigation: finding, however, only in fact, not state, and then be done even on a incidental (First Civil Chamber, Supreme Court No 12187 of 1 December 1997).
Last Updated (Saturday, July 15, 2006)
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