Paternity and parental responsibility

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 of parents 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).

Married parents

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 principle”. Neither the parents nor the public authorities need then do anything. Married parents are also automatically awarded joint parental responsibility for the child.

Separated parents

If the child’s mother is formally separated from her spouse at the time of birth, the paternity is established as though the mother were unmarried. However, if the separated spouse acknowledges paternity, the child will be considered as having been born to married parents.

Unmarried parents

If the child’s parents are not married, paternity is usually established by the mother stating the name of the father, who then acknowledges paternity. If the mother does not state the name of the child’s father and a man acknowledges paternity, the mother must accept his acknowledgement.

Parents to children born after 1 January 2020 will have joint responsibility if they live together and if they don't.

If no acknowledgement of paternity is submitted, the establishment of paternity falls to public authorities. This responsibility is handled by the Norwegian Labour and Welfare Administration (NAV) and, if necessary, the courts. In connection with this, it may be relevant to summon any potential parties and establish paternity by DNA analysis.

Declaration of paternity

The father may declare paternity before or after the birth. Declaration of paternity must be made in writing either by declaring digitally or in person at a public office.

Declare paternity digitally

Paternity can be declare digitally if:

• Both parents have a Norwegian birth and social security number
• Both parents are over 18 years old
• The child was born in Norway

Declare paternity

Declare paternity in public office

The father must submit the form in person and produce proof of identity to one of the authorities below:

• Doctor/midwife in connection with a pregnancy check-up/birth
• Tax office
• Local NAV office
• Courts
• Norwegian diplomatic or consular officer, living abroad

The mother can meet with the father of the child to approve the declaration.

Changing paternity

In the event of doubt regarding paternity as a result of marriage or acknowledgement of paternity, the child, mother, father or third party who believes himself to be the father of the child, may bring the case before a court to change paternity. If a court has previously established the paternity, but a DNA analysis does not exist, a petition may be submitted 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 person originally designated as the father. If the child is 18 years old or older, the child must also consent to a change in paternity. Paternity may only be changed if a DNA analysis identifies the other man as the child’s father.