Abstract – The relevance assumed by genetics and hematological evidences, in the civil trial and specially in judgments concerning the status of natural persons, has developed strikingly over time, certainly due by scientific progress and the results achieved by the DNA test. Thus the natural implications of science in family law area have represented an opportunity to react to the need to overcome the favor legitimitatis which the publicist matrix family has always been grounded to. These protection claims have undoubtedly changed face of the paternity denial action, now focused on verify the genetic incompatibility between the alleged father and the child, and free of evidence hierarchy which claimed to attach relevance to the adultery or lack of co-habitation instead of genetic findings. Specially on this side, come to light further need of protection: that of the biological father, excluded from the regulatory provision to accomplish the paternity denial and consequently unable to safeguard his family identity right related to the principle of equality of child status.
Keywords – Genetics, DNAtest, evidences, paternity denial action, family law, biological father