The Chamber on 30 June 2011 approved the text of the law that it eliminates any distinction between natural children and legitimate children.
The Senate on May 16, 2012 approved with amendments the DDL 2805 containing “Provisions regarding the recognition of natural children” which precisely unifies the right to maintenance, education and moral assistance, to the enjoyment of kinship relationships with the consequent also patrimonial effects of natural children and legitimate children.
The text was retransmitted to the Chamber, therefore, to date there is still the difference between legitimate children, i.e. children born to married parents and natural children, i.e. children born to unmarried parents.
From 1975 (the year of the reform of family law) to today, a path of equality between the two categories has been built but has not yet been perfected. For example, natural brothers and rightful brothers do not have the same inheritance rights. If a person dies without leaving a will (in the absence of a spouse, children, ascendants), the (legitimate) brother will inherit all his assets pursuant to art. 570 of the civil code. In the case, however, in which the brother is natural (and not legitimate) he will inherit the entire estate only if there are no relatives within the sixth degree (i.e. cousins, nephews, etc.). If a parent dies leaving behind a legitimate child and a natural (recognized) child, the legitimate child will have the right to commutation i.e. will have the right to keep the parent’s entire asset, giving the brother the cash equivalent of his portion.
The natural child, then, to be inserted into the (legitimate) family of his parent must obtain the consent of the spouse of his parent and of the brother (legitimate child) if over sixteen. The natural child is recognized as having full relationships with his or her parent, grandparents and great-grandparents, but his relationship with brothers, uncles, cousins or with relatives in the collateral line remains doubtful.
This happens because of the recognition of the child by their parent it creates a state of filiation but not a family state. Until now, only through the institution of legitimacy, which creates full kinship ties between a child and the parent’s family, has it been possible to attribute the status of legitimate child to someone who was born out of wedlock. When the whole Parliament finally approves the bill on natural children, we will have the equalization of legal treatment of children born in and out of wedlock.
Camilla Cozzi she is a founding partner of the Ciriello-Cozzi Law Firm, an expert in family and personal law. to know more www.ciriello-cozzi.it or write to avvcozziATciriello-cozzi.it