1. automatically for a child born in wedlock,
2. by acknowledgement, or
3. by a court.
The public authorities are under an obligation to establish the paternity of a child whose paternity has not yet been established.
Parental responsibility is the obligation and right that parents have to make decisions for a child in personal circumstances. The person or persons who have parental responsibility are also the child’s legal guardian(s).
If the parents are married to each other, the man to whom the mother is married at the birth is automatically considered to be the child’s father; this is known as the ”pater est rule”. Neither the parents nor the public authorities need then do anything. Married parents also automatically obtain joint parental responsibility for the child.
If the child’s mother is formally separated at the birth, the paternity is established as though the mother were unmarried. However, if the separated spouse acknowledges paternity, the child will be treated as though it had been born to married parents.
If the child’s parents are not married, paternity is usually established by the mother giving the name of the father, who then acknowledges paternity. If the mother does not give the name of the child’s father and a man acknowledges paternity, the acknowledgement must be approved by the mother.
If the parents are not living together when paternity is established, the mother has sole parental responsibility. However, the parents may agree joint parental responsibility, either by acknowledgement or by submitting a separate agreement concerning this to the National Population Register Authority.
If the parents are cohabitants, either because they share a common address or have sent a declaration to the National Population Register Authority that they live together, the mother’s cohabitant may acknowledge paternity without the mother’s cooperation. The mother will then be notified of the acknowledgement. Parents who live together when the paternity is established also automatically obtain joint parental responsibility.
If paternity is not acknowledged, the public authorities are responsible for establishing it. This responsibility is handled by the Norwegian Labour and Welfare Administration (NAV) and the courts where appropriate. In connection with this, it may be relevant to summon any potential parties and map the paternity using blood tests.
The father may acknowledge paternity before the birth, in connection with the birth and after the birth. Acknowledgement of paternity must be made in writing using the established form, which has been prepared by NAV. The father must meet in person and produce proof of identity to one of the authorities below:
If a dispute concerning paternity arises as a result of a divorce or due to acknowledgement, the child, mother, father or third party who believes that he is the father of the child, may bring the case to a court to change the paternity. If a court has previously established the paternity, but a DNA analysis does not exist, a claim may be made to reopen the case.
Paternity may also be changed by NAV if a man acknowledges paternity, and the acknowledgement is approved by the child’s mother and original father.
