Information in English

The Norwegian government appointed 28. March 2008 a law commission to review the legislation regarding paternal and maternal affiliation and propose amendments in the Norwegian Children’s Act of 1981. According to it’s mandate, the Commission shall propose amendments necessary to adapt the regulation to developments in society since the Children’s Act was adopted in 1981, such as change of family patterns, progress in medically assisted procreation and the use of DNA analysis to determine paternity.

The Commission shall present his work for The Ministry of Children and Equality in a report (NOU – “green paper”) by March 2009. (This date was originally 1. December 2008, but is now postponed).

Mandate of the Norwegian Commission on paternity - extract

“The Commission will review the legislation regarding paternal and maternal affiliation and propose amendments in the Norwegian Children’s act of 1981.

The objective is to adapt the legislation to the social and technological developments that have taken place since the current act were adopted in 1981, with special regards to the development of society and by progress in areas such as technology, medically assisted procreation and the use of DNA test to determine paternity.

The commission shall emphasise the best interests of the child and safeguard the overall perspective in relation to the other provisions of the law. The commission shall take into account that the UN convention of the right of the child is incorporated into Norwegian law and that the best interests of the child shall be a primary consideration in all actions concerning children.

The Commission shall consider the biological principle and its importance in the Norwegian Children’s Act, and whether this principle protects the best interests of the child for all children. Children are entitled to the same legal protection and equal human rights regardless of their parents’ status of cohabitation or sexual orientation. It shall also be considered if the public responsibility to establish the paternity is designed appropriately. Children’s right to know and be cared for by his or her parents, referring to the UN convention of the right of the child (art 7), shall be emphasized.

The Commission will consider whether it is appropriate with establishment of paternal affiliation by presumption in case of married couples, taking into account the current development of family patterns. Can equality of children born of married and unmarried parents be achieved if all paternal affiliation is to be established by voluntary recognition? The Commission shall consider whether the principle of establishment of paternal affiliation by means of a presumption should include situations where the mother of the child is living with a man without being married.

 The Commission shall propose amendments regarding proceedings in paternity cases, taken into account the frequent use of DNA analysis. Moreover, it shall take into account circumstances where the affiliated father or the alleged father is dead (recently dead or have been dead for a long time), DNA testing of relatives of the parties and how to deal with illegally collected biological samples.

Today a national institute perform all DNA tests used in paternity cases in Norway. The Commission shall consider whether other national or international bodies can perform DNA analysis for use in paternity cases.

The Commission will propose amendments in legislation regarding recognition of paternal and maternal affiliation established abroad, especially where medically assisted procreation has occurred in countries that permit types of medically assisted procreation that are not permitted under Norwegian legislation regarding biotechnology. This could be donation of sperm and egg with anonymous donor, surrogate mothers or surrogacy in combination with egg donation. The Commission is to propose amendments on jurisdiction, choice of law and recognition.

The Commission shall ensure the overall perspective in relation to other legislation, such as international conventions, other countries' legislation, case law and research in the field.”