What is the jurisdiction in the case of a disavowal action against the alleged Italian father mother residing in Italy, with daughter born abroad with no record of her residing anywhere?

Noting that the criterion of the child’s national law cannot be applied, since the child is not found to be resident anywhere, the criterion set forth in Article 37 of Law 218/1995 must necessarily operate, which states, “in matters of filiation and personal relations between parents and children, Italian jurisdiction subsists, in addition to the cases provided for in Articles 3 and 9 respectively, when one of the parents or the child is an Italian citizen or resides in Italy.”
In application of this rule, case law has stated: “In the case of state actions, the national law of the child is applicable or, if more favorable, the one of the state in which one of the parents is a citizen at the time of birth; moreover, Italian jurisdiction subsists, in matters of filiation and personal relations between parents and children, even if one of the parents, or the child, is a citizen of or resides in Italy (as in the case in point, where the court also found that the application of Moroccan law would not have protected the right of the minor child since the active legitimacy of the action to disavow paternity would have been only the presumed father, that is, at least six months elapsed between the marriage and the birth of the child)” (Milan court, section IX, dated Jan. 18, 2017).
On the basis of that provision, which states that the applicant, the mother of the child, is resident in Italy, there can be no doubt as to the existence of the Italian jurisdiction.