Paternity in the Child Act

History of Paternity Laws in Norway

Norwegian laws regulating the relationship between fathers and children have evolved dramatically over the past 250 years. Below is an overview of the major milestones.

1763

Under Christian V’s Norwegian Law of 1687, unmarried mothers had sole responsibility for their “illegitimate” children. In 1763, fathers were given a legal obligation to contribute financially to the support of children under 10 years old.

1883

The Storting decided to increase paternal contributions and require fathers to cover childbirth and postpartum expenses. The government was to ensure payments were collected, but the decision was not implemented.

1887

Storting representative H.E. Berner raised the question of granting “illegitimate” children inheritance rights from their fathers, reflecting growing social and political concern for vulnerable children.

1892

The Law on Maintenance Contributions for Children Born to Unmarried Parents was introduced. Contributions were determined by the county governor, but inheritance rights were not granted.
Key advocates for unmarried mothers and their children included Storting representative Johan Castberg and his sister-in-law, Katti Anker Møller, who campaigned nationally for better support and recognition of mothers.

1901–1909

In 1901, a Labour movement resolution stated that fathers should share responsibility for nurturing and supporting children born out of wedlock, including rights to a name and inheritance. Castberg and Møller advanced these principles through parliamentary proposals and public lectures. The 1909 Odelsting proposition (No. 13) was controversial, facing opposition from religious and bourgeois circles.

1915

The Castberg Child Laws were adopted, including:

• Law on Children Whose Parents Have Not Married

• Law on Care for Children

• Law on Parents and Legitimate Children

These laws strengthened the legal status of children, established inheritance rights from fathers, mandated financial support from birth, and regulated paternity determination. False testimony about paternity became punishable.

1956

The 1956 Laws on Children Born Outside Marriage and Children in Marriage replaced earlier legislation. The practice of imposing contributions based solely on sexual activity was abolished. Courts were required to issue paternity rulings if it was not unlikely that a man was the father.

1981

The laws were merged into the Law on Children and Parents. Paternity disputes were still resolved in court, but procedures were simplified. Blood and tissue typing could now reliably exclude non-fathers in over 90% of cases, reducing the burden on mothers.

1997

DNA analysis became the standard for paternity cases. Courts were required to issue a paternity ruling if DNA confirmed a man’s fatherhood.

2002

From April 2003, paternity could be acknowledged before the child’s birth, and any established paternity could be legally challenged in court regardless of deadlines or other conditions.

2013

Children gained the right, upon turning 18, to learn the identity of their biological father without affecting legal paternity. Deadlines for paternity cases, briefly reintroduced, were abolished in 2014.

Norway Compared to Other Nordic Countries

Norway allows legal testing of paternity regardless of the child’s age or previous rulings. Any party — including an outside man — can request testing if there is doubt about biological paternity. This progressive approach ensures equality and transparency in paternal rights.

Summary

The evolution of Norwegian paternity law began with securing financial support for unmarried mothers and children. It has progressed to guarantee children the right to know their biological father and to allow all men to have their paternity legally confirmed — reflecting both social justice and gender equality.

Sources

• Tove Mohr: Katti Anker Møller – a pioneer, Tiden Norsk Forlag, 1968

• Lise Rosenberg: Hagar and Ishmael in Sarah's Tent, Master’s Thesis, UiB, 1981

• Lucy Smith & Peter Lødrup: Children and Parents, 5th ed., 1999

• Peter Lødrup: The Paternity Revolution, Journal of Family Law, Inheritance Law and Child Welfare Legal Issues, No. 2, 2003