Marital infidelity is one of the unfortunate event that may occur in the context of a marital relationship. The consequence of this deviation from the standard marital life may cause tensions and problems that may lead to the separation or divorce. However, it is important to asses responsibility and duties of the husband in the context of marital infidelity. In details, what happens if the unfaithful husband has a new child with the other woman?
First, the married man has no right to impose abortion, which is a woman’s choice. Therefore, the married man is required to legally recognise the child. In the event the husband refuses the legal recognition of the new bord, this might still happen judicially. In fact, child’s mother or the child (once reached the adulthood) may submit an appeal for the judicial recognition of father-son relation. In such cases, during the civil action a DNA Test will be required.
After the voluntary or judicial legal recognition, the husband is expected to economically support the child till he/she will reach the economic independence. Based on that, the married man will be required to transmit a monthly allowance to child’s mother. The amount of the support might be agreed by the parents. Contrarily, in case of disagreement, the Court will quantify the amount of child support scheme.
In the event the father fails or refuses to proceed with the payment of child support, this may lead to a criminal prosecution. Aside of the economic support, the father is expected to build a relationship with the child with the purpose of providing an psychological and emotional support.
Within the succession context, Italian Law does not distinguish children born inside or outside the marital relationship. This means that children will have the same rights in relation to husband’s estate. In other words, it is not possible to disinherit the child born outside the marital relationship.#
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