Inheritance Law and Paternity

Contesting Paternity: Heirs and DNA Testing

Heirs are not required to undergo DNA testing if there is doubt about biological parentage. Only the child, the parents, or a third party claiming to be the father can legally challenge paternity. Other relatives or heirs do not have this right.

If a legal heir voluntarily agrees to a DNA test, it is important to consider the potential consequences for inheritance and other legal matters. It is advisable to have a written agreement in place that clearly defines the practical consequences of the DNA test, regardless of the outcome.

Below are four illustrative cases considered by the courts, highlighting various issues related to paternity and inheritance.

Case 1 – Supreme Court Appeals Committee, 14 June 2005

HR-2005-01146-U (2005/956), civil appeal

Lawyers: Morten Mørch Jr (plaintiff), Bjørn Rener-Larsen and Snorre Nordstrand (defendants)

Issue

Heirs challenged the paternity of a deceased man who was registered as the father of three children with two different mothers. Two children claimed that the third child was not biologically the deceased’s.

Outcome

• District Court: Case dismissed (18 March 2005)

• Agder Court of Appeal: District Court ruling upheld (10 May 2005)

• Supreme Court Appeals Committee: Appeal dismissed (14 July 2005)

Reasoning

Before 1997, heirs could bring “pater est” cases if the father had died, but this right was removed with the Child Act amendment. DNA analysis now allows the parties themselves to verify paternity, reducing the need for heirs to sue. The 2002 amendment confirmed that only the child, the parents, or a third party claiming paternity may bring such cases; heirs retain no independent right to contest paternity.

Case 2 – Oslo City Court (TOBYF-2007-144142) / Borgarting Court of Appeal (LB-2008-19940)

Lawyers: Christian Venge Tollefsen (plaintiff), Johan Dahl Kongsvik (defendant)

Issue

A grandchild claimed inheritance from a deceased grandmother. The father was deceased, and the heirs requested a DNA test.

Outcome

The grandchild voluntarily underwent a DNA test, which showed they were not the biological child of the legal father.

• Both the City Court and Court of Appeal ruled against the family, finding no valid agreement to renounce inheritance based on the test results.

• The Supreme Court Appeals Committee declined to hear the case.

• The European Court of Human Rights dismissed the claim.

Key Point

The Inheritance Act, referencing the Child Act, confirms that heirs cannot challenge paternity, and a legal child remains an heir even if DNA shows no biological link.

Case 3 – Bergen District Court (TBBYR-2004-88763) / Gulating Court of Appeal (LG-2005-141158)

Lawyers: Sigrun Pedersen (defendant), Morten Mørch Jr (plaintiff)

Estate Administrator: Turid Mæland

Issue

A legal son claimed inheritance but refused a voluntary DNA test. Paternity had previously been legally determined. The deceased’s cohabitant and her son attempted to change paternity.

Outcome

The case was dismissed in both the District Court and Court of Appeal. Courts confirmed:

• Heirs or relatives cannot initiate a paternity case after the father’s death.

• No one can “inherit” the right to challenge paternity.

• Acknowledged paternity is considered legally binding unless previously contested by an eligible party.

Case 4 – Inntrøndelag District Court (04-299A)

Lawyer: Morten Mørch Jr

Issue

Paternity was not recorded in public registers, but the father had verbally confirmed paternity. Relatives demanded proof of biological parentage before inheritance could proceed.

Outcome

DNA analysis of tissue samples from the deceased (provided by a hospital) confirmed paternity. Exhumation was unnecessary.

Summary

• Heirs cannot force DNA testing to challenge paternity.

• Only the child, parents, or a third party claiming to be the father may bring a case.

• Voluntary testing by heirs should be carefully considered, ideally with a written agreement to clarify consequences.

• DNA analysis provides a reliable method to verify paternity without burdening other family members.