Court rejects biological father's demand to have his name on birth certificate

The Court of Appeal has rejected the demands filed by a biological father to change the father’s name as it appears on the birth certificate of a boy born out of wedlock, as the son had been raised as the legitimate son of the mother and her spouse.

The man filed a civil appeal after the Family Court turned down his claims in July 2013.

Sandro Vassallo said he was the biological father of a child born on 17 September 2007 to a married woman, and asked the court to order an official DNA test and amend the boy’s birth certificate, whose father's name is that of his mother's husband.

The plaintiff said that he had been in an extra-marital relationship with the woman for over a year before the child was born. When the woman was giving birth, the claimant visited her in hospital and days later, the woman took the newborn to Vassallo’s house, so that his mother and other relatives could see the baby.

This was confirmed by the plaintiff’s brother, who claimed that it was not the first time he had spoke to the woman over the phone when she was talking to his brother.

“However problems started when she admitted with her husband that she had an affair. Yet the relationship went on for about another two months, but when her husband found out she was still seeing my brother, he prevented him from seeing the baby. We ran a DNA test at a local clinic, which confirmed the baby was brother’s son,” the witness said.

The married couple objected to Vassallo’s claims, arguing that only the court could order a DNA test in the absence of a valid birth certificate. Moreover, prior to the boy’s birth, the couple had a healthy sexual relationship of which a daughter was born.

The wife’s husband reiterated that the boy was raised as his own and was regarded by all as his son. “On the other hand, the plaintiff simply made claims of having fathered the boy yet never contributed anything towards him,” the couple said. They also said that Vassallo’s requests violated their right to a private and family life.

Chief Justice Silvio Meli and judges Tonio Mallia and Joseph Azzopardi said the court was satisfied that since his birth, the child lived in a legitimate state corresponding to what was shown on his birth certificate.

Court of Appeal upheld the decision of the first court, rejected Vassallo’s request for further DNA tests, and threw out his call for changes in the boy’s birth certificate. The court also ordered the plaintiff to pay all related fees.