Man appeals ruling rejecting bid to be recognised as child’s father
Under Maltese law, a child born during a marriage is generally presumed to be the child of the mother’s husband
A man has filed an appeal after the Family Court rejected his request to be legally recognised as the biological father of a child born while the mother was married to another man.
Terence Farrugia claims he is the biological father of a girl born on June 18, 2025.
According to the appeal, the child has not yet been registered in Malta’s Public Registry because the mother was still legally married to another man when she gave birth.
Child born during marriage
Under Maltese law, a child born during a marriage is generally presumed to be the child of the mother’s husband, unless that presumption is successfully challenged in court.
The Family Court, presided over by Judge Abigail Lofaro, rejected Farrugia’s request on July 14, 2026, ruling that he had failed to satisfy the legal requirements needed to rebut that presumption.
The court also noted that the child’s birth certificate had not been produced during the proceedings.
In his appeal, Farrugia argues that he could not submit the certificate because the child had never been registered.
He claims the parents did not want the mother’s estranged husband to be listed as the father, maintaining that the husband is not biologically related to the child.
The appeal states that a DNA test filed in court identifies Farrugia as the biological father.
He argues that the scientific evidence should be sufficient to establish paternity and that requiring further proof is unnecessary.
Farrugia is asking the Court of Appeal to overturn the Family Court’s decision and declare him the child’s biological father for all legal purposes.
Lawyer José Herrera is representing Farrugia.