Paternity Cases

Areas of Expertise

MAGNA Lögmenn can assist with paternity cases.

A child has the right to know their parents.

The right is derived, among other things, from Article 1(a) of the Children’s Act No. 76/2003

How is children's paternity determined?

Paternity when the mother is married or in cohabitation:
- If the mother is married to a man when she gives birth, her husband is considered the child’s father, according to Article 2 of the Child Protection Act No. 76/2003
  - The same applies if the child is born shortly after the dissolution of the marriage, such that it could possibly have been conceived during the marriage
  - However, this does not apply if the spouses were separated at the time of conception, nor if the mother has married or registered a cohabitation with another man before the child’s birth
- If the mother is in a registered cohabitation at the time of the child’s birth and designates the cohabitant as the child’s father, he is considered the father
Paternity when the mother is neither in a cohabitation nor married:
- If the mother is neither married nor in a registered cohabitation at the time of the child’s birth, paternity can be established through a paternity acknowledgment
In case of uncertainty about paternity, it may be necessary to initiate a paternity case in court to resolve the matter

Parents of a child conceived through assisted reproductive technology

Specific rules apply to the parents of a child conceived through assisted reproductive technology.

Suspicion of incorrect paternity

Proof of paternity

Generally, a paternity test is also conducted to determine the paternity
According to the Child Protection Act, a man is considered the father of a child if the results of genetic testing strongly indicate that he is the father.

Who can initiate a paternity case?

Child
Mother
A man who believes he is the father of a child, provided the child was not conceived using donor sperm.
A registered father can initiate a paternity dispute if he believes the child has been incorrectly attributed to him

Who is the defendant?

If a child or mother files a lawsuit, the person or persons believed to have had intercourse with the mother at the time of conception shall be named as defendants
- If the man who is believed to be the father of the child has passed away, a lawsuit can be filed against his legal heirs who are next in line to inherit the estate alongside or immediately after the child.
If a person who believes he is the father of a child files a lawsuit, the mother must be named as the defendant. If she is deceased, the child must be named instead

Cost of pursuing paternity cases

If a child initiates a paternity case, the court will determine the lawyer’s fee, which will be covered by the state. The same applies to other costs incurred by the child (the claimant), such as obtaining a genetic paternity test