Paternity
Establishing paternity means that the name of the father of a child is registered with the authorities. The father is under obligation to pay child support to the child if he does not live with the child’s mother. The child has the right to inherit from his/her father.
Marriage
When a mother-to-be is married at the time of the birth of her child, her husband is automatically registered as the child’s father, unless they have separated or she was married to another man within the 10 months preceding the birth of her child.
Declaration of joint care and responsibility
If the father and the mother sign a Declaration of Joint Care and Responsibility, paternity will be acknowledged. The declaration should be submitted digitally to the parish register immediately after the child is born (within 28 days).
If the parents do not have MitID, they can print out the form. If they print out the form, the declaration has to be signed by two witnesses or by a lawyer.
If for some reason, e.g. serious illness or posting abroad, the parents wish to submit the Declaration of Joint Care and Responsibility before the child is born, the declaration must be sent to the Agency of Family Law. After the child is born, the joint declaration must be submitted to the parish register.
When paternity has been acknowledged in this way, it is similar to a court order, and therefore acknowledgement of paternity cannot be withdrawn. During the first six months following the birth, the father and the mother may, however, raise objections to the registered information.
Paternity issues
If the father and the mother do not jointly submit a Care and Responsibility Declaration, the mother is required to inform the Agency of Family Law of the name of the father or the possible fathers within one month. The name of the father may be provided already during pregnancy.
Acknowledgement of paternity
Paternity is considered to have been established if the Agency of Family Law receives acknowledgement of paternity in writing from the man identified by the mother. The parties must themselves ensure that the father’s signature is certified by a lawyer or by two witnesses. This declaration may also be signed electronically (MitID).
When paternity has been acknowledged, this has a binding effect similar to a court order, and therefore acknowledgement of paternity cannot be withdrawn.
In certain cases, a man may file a paternity suit, if he believes that he is the father of a child although he is not married to the child’s mother.