Paternity of a child

Parents in marriage or registered partnership

If a child is born in a marriage or registered partnership, then the husband or cohabiting partner is automatically registered as the father of the child on his/her birth certificate, and thus has rights and obligations towards the child. The same shall apply if a child is born so soon after divorce, that it is likely that it was conceived in the marriage. This shall not apply, however, if the spouse was separated during the child's conception period or if the mother married or registered her cohabitation in the National Registry with another person prior to the birth of the child.

Mother not married or cohabiting - Early identification

If a mother is neither married nor in a registered partnership at the birth of a child, the child's paternity must be determined no later than six months after the birth of the child.

A declaration of paternity may be completed by both parents and . The mother and father must both sign the declaration before it is sent to the National Registry. When a paternity declaration has been notified to the National Registry, the father of the child according to the declaration is registered on the child's birth certificate.

A declaration of paternity may also be made by the District Commissioner in the district in which either the mother or the declared father lives. The mother then submits a declaration to the District Commissioner as to who she considers to be the father of the child. Alongside the mother's declaration of the child's paternity to the District Commissioner, the mother can demand child maintenance from the father.

When the mother's statement concerning the father of the child is received by the District Commissioner, the father is declared to be called in for an interview and asked for his position on recognition of the paternity and to state his position on child maintenance. If a declared father recognizes paternity and agrees to pay child maintenance, he or she shall sign a declaration in the presence of the District Commissioner. A registered father must provide identity documents when signing a paternity certificate. The District Commissioner is then responsible for making the notification of paternity to the National Registry, and the case is closed. For collection and payment of child maintenance as described above, see here.

Mothers may also request a separate letter statement from the father. In such cases, the signature of the father shall be confirmed by a district court or Supreme Court lawyer or two witnesses. It shall be stated there that the issuer of the declaration has signed his name or acknowledged his signature in the presence of the person or persons who confirm the signature. Awareness witnesses shall mention their ID number or the date of birth and address as appropriate.

If a claimant father treats the paternity but refuses to approve the payment of child maintenance, the process of the decision will see the discussion of the dispute over child maintenance here.

Described father requests blood test (DNA)

If a declared father refuses to accept that he is the father of the child, he may request that the District Commissioner arrange for a blood test (DNA) to be carried out, in order to determine whether he is the father of the child. The cost of such research shall be paid by the declared father if he proves to be the father of the child. If the conclusion is that the declared father is excluded from the paternity of the child, the child's obligation to pay shall end. DNA testing is done in the Landsspítali research laboratory, but when the results are known and it is confirmed that the person in question is the father of the child, the declared father must attend the District Commissioner's office and have a paternity. If blood test proves that the person in question is not the father of the child, the case is dismissed from the magistrate.

What if a declared father refuses to grant paternity to a child?

If the declared father cannot be reached, the father refuses to be interviewed or denies being the father of the child, the district commissioner must dismiss the case and the mother must be instructed to institute court proceedings. If a blood test has been carried out and the father declares he or she will not accept the conclusion of the test, the mother is also instructed to institute court proceedings.

Childbirth decision in parallel with paternity

If child maintenance is to be decided alongside paternity, the child must be fathered by a District Commissioner in the district where the child resides.