Diritto di azione e limiti all'impugnazione del riconoscimento del figlio nato fuori dal matrimonio

This study analyzes the limits to challenge the paternity of a child born outside of a marriage under Article 263 of the Italian Civil Code. In particular, the focus is on the case where the acknowledged father challenges the paternity alleging that his statement was untrue. The study criticizes recent court rulings stating that the author of the recognition is not entitled to ascertain the lack of truth of his statement, when not made in good faith, in order to prevent an abuse of process. In fact, no rule of civil procedure denies the right to ascertain the reality in filiation relationships, even in the mentioned case. Moreover, the study refers to the recent reform enacted by the Legislative Decree no. 154 of 2013 and aimed at unifying the status of all children whether they are born inside of a marriage or not, providing time limits to challenge the acknowledgement to being the father. In particular, the new provisions on the matter are examined in the lights of Constitutional Court’s precedents about the right of action to challenge the paternity.