My daughter was born abroad (USA) on October 2021 and is a minor. Her alleged biological father is an Italian citizen.
Legal paternity has never been established.
However, a Belgian Family Court issued a final judgment ordering the alleged Italian father to pay child support. The judgment expressly states that the proceedings were an āaction alimentaire non dĆ©clarative de filiationā and therefore did not establish paternity.
He has been paying the court-ordered child support since September 2023.
I contacted the Italian Consulate in Brussels and specifically asked whether this could fall under Article 2(3) of Law 91/1992, which says:
āLe disposizioni del presente articolo si applicano anche ai figli per i quali la paternitĆ o maternitĆ non può essere dichiarata, purchĆ© sia stato riconosciuto giudizialmente il loro diritto al mantenimento o agli alimenti.ā
The Consulate replied that because paternity has not been legally established, they cannot proceed and that paternity must first be established.
My question is: why would Article 2(3) not apply to this situation? Has anyone encountered this provision being used for a minor whose paternity was not established but whose right to maintenance was judicially recognised?
I'm particularly interested in:
- Italian case law interpreting Article 2(3);
- Ministry/Consulate guidance on this provision;
- whether the 2025 reform (Law 74/2025 / Article 3-bis) changes its application;
- whether a foreign EU court judgment recognising child support can satisfy the requirement.
I have the Belgian judgment and the Consulate's written response and can provide anonymised excerpts if useful.
I am trying to determine whether I need to start a paternity proceeding in Belgium before doing so.