A Malaga man may soon get the answer to the question of who was his biological father as a judge may request DNA samples from Tessa de Baviera y Mesia and Cristina de Bavaria, the sister, and daughter of the late Don Fernando de Baviera y Mesía, according to the Spanish newspaper La Vanguardia.
The identity of the man is being kept private. He alleges that Don Fernando had an intimate relationship with his mother, who worked as a maid in his home. When the maid became pregnant, Don Fernando is alleged to have demanded that the woman give the child up for adoption.
Don Fernando was the grandson of HRH Prince Ferdinand Maria Ludwig Franz von Assisi Isabellus Adalbert Ildefons Martin Bonifaz Joseph Isidro of Bavaria (1884-1958) and HRH Infanta Maria Theresia Isabel Eugenia Patricinio Diega of Spain (1882-1912), who was the second of three children of King Alfonso XII of Spain. Her younger brother, Alfonso XIII was born posthumously.
Infanta Maria Teresa and Prince Ferdinand were married in 1906. Ferdinand renounced his rights to the Bavarian throne and was created an Infant of Spain. Their children were given the rank of Infant of Spain. Ferdinand was a first cousin of King Alfonso XIII as his mother, Infanta Maria de la Paz, was a daughter of Queen Isabella.
The genealogical ties between the Bavarian and Spanish royal houses were strong. Prince Ferdinand's paternal grandmother was Infanta Amalia of Spain, who married Prince Adalbert of Bavaria in 1856. Prince Adalbert was the fourth son and ninth child of King Ludwig I.
Amalia's father, Infante Francesco de Paula (1794-1865) was the fourteenth child of King Carlos IV of Spain. Her brother, Francisco de Asis, married Queen Isabel II, a double first cousin. Thus, Amalia was the Queen's double first cousin and sister-in-law. King Alfonso XII was Queen Isabel's son.
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| the wedding of Infanta Maria Teresa and Prince Ferdinand of Bavaria |
Don José Eugenio Alfonso Fernando Mariano Teresa Antonio Jesús Santiago Isidro Ramón Braulio y Todos los Santos de Baviera y Borbon (1909-1966) was Maria Teresa's second child. In 1933, he married Maria de la Asunción (Marisol) Solange Mesia y de Lesseps, Countess of Odiel (1911- 2005). As this marriage was unequal, the couple's four children were not entitled to the Spanish or Bavarian titles.
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| Don Jose Eugenio |
* Doña Maria Cristina Paz Teresa Alfonsa Eugenia Rita y Todos los Santos de Baviera y Mesia (1935-2014)
* Don Fernando Juan Luís José Maria Santiago y Todos los Santos de Baviera y Mesia (1937-1999)
* Doña Maria Teresa Luisa Fernanda y Todos los Santos de Baviera y Mesia (1941)
* 4h) Luís Alfonso Fernando Maria Santiago y Todos los Santos de Baviera y Mesia (1942-1966)
Don Fernando de Baviera y Mesia married Sofia Cecilia Fugaroles y Aris (1941-2005) in 1966. They had one daughter, Cristina de Baviera y Arquer (1974) who is married to Mark Henri Ellegaard. They live in England with their two sons, Max and Hugo.
Although there were reports that Fernando and his wife divorced sometime in the 1970s, she was listed in the official death announcement.
It is understood that plaintiff believes that Don Fernando's family, namely his older sister, Tessa de Baviera y Mesia, and his daughter, Cristina know that he is their relative, but neither is willing to acknowledge him.
He has written to several family members and has spoken to former staff who worked for Don Fernando when his mother was a maid.
The man is represented by Fernando Osuna, who specializes in paternity cases. The first reports of this case were published in 2020 with speculation that the alleged father was Don Fernando. But it was only recently that Osuna acknowledged that Don Fernando is the alleged father.
After the family denied the original DNA tests, Osuna asked the dean of the Almudena Cathedral to identify where Don Fernando was buried so his remains could be exhumed for DNA testing. Church officials could not identify where he was buried so the plaintiff (the unidentified man) withdrew his request.
Eight months later, the family provided a copy of Don Fernando's death certificate. He had been cremated.
Osuna said: "by not being able to access the DNA of the remains of Fernando de Baviera because there are only ashes, we asked the judge to exhume the grandfather and an uncle of my client who are also buried in the Almudena."
The judge declined the request, saying it was "burdensome and delicate."
The Court of the First Instance in Malaga will now have to rule on the plaintiff's request for DNA testing. On May 11, there will be a trial to require Tessa and Cristina to undergo DNA testing to verify if they are related to the plaintiff. There may also be another request to order an exhumation of the remains of Fernando's father, José Eugenio de Baviera y Borbon, or his uncle Luis Alfonso.
Osuna is determined to win the case. He also spoke about an inherited physical characteristic that is shared by the plaintiff and the late Don Fernando. He said: "Between the alleged biological father and son there is an inherited physical characteristic, a very characteristic mole on the body."
The plaintiff filed his original lawsuit in Malaga in 2017. His mother is deceased. She lost her job after becoming pregnant. After she gave birth, the alleged father "convinced the woman to marry another man" and to give up the baby for adoption in Madrid.
Osuna described the plaintiff as a man in his fifties, is of average income, and has worked and lived in Malaga for years." He also said that are "witnesses to this secret relationship, as well as letters that would prove it."
The plaintiff seeks only the legal recognition that Don Fernando de Baviera y Mesia was his natural father.
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