Legal paternity - determination and modification

Establishing Paternity

Paternity can be legally established for the first time in one of three ways:

1. Marriage – The man is married to the child’s mother at the time of the child’s birth.

2. Declaration of Paternity – If the man is not married to the mother, he can sign a declaration of paternity, acknowledging that he is the father and assuming financial responsibility for the child.

3. Paternity Order or Court Ruling – The man may be legally recognized as the father through a court decision or paternity order. This is usually done after authorities confirm paternity via DNA testing.

Changing or Revoking Paternity

Changes to paternity are generally made through the district court. The mother, child, father, or another man who believes he may be the father can initiate a paternity case. The court typically requires a DNA analysis to confirm paternity before reaching a decision.

A case can be brought at any time, regardless of the child’s age or other conditions. If all parties — the mother, legal father, and another man claiming paternity — agree, paternity may also be changed administratively through NAV.

Judicial Changes to Paternity

The child, mother, or father can request a court to establish or change an existing paternity at the district court where the child resides. This applies when:

• Paternity was previously acknowledged by the man, or

• The parents were married when the child was born

Previously, deadlines and the court’s evaluation of grounds for the case limited access.

If there is an existing paternity judment, any party may request the case to be reopened. The court will then usually require DNA samples from the relevant parties.

A legal change in 1997 allowed any man who believes he may be the father to initiate a paternity case for a child who already has a legal father — provided there had been no prior judicial consideration of paternity. Originally, this had to be done before the child turned three years old. This deadline has now been removed.

Form (Stevning i sak om farskap): Summons in Paternity Case.pdf

Administrative Changes via NAV

If a man other than the legal father acknowledges paternity through NAV, and this acknowledgment is accepted by the child’s mother and the legal father, paternity can be changed administratively. NAV may require DNA samples from all relevant parties before implementing the change.