If parents are married when a child is born, the spouse of the mother is on principle registered as the father of the child.

If parents are unmarried when a child is born, the father of the child must be confirmed. This is done either by

• acknowledging the paternity of the child before the Family Law Administration, or
• being adjudged by the court to be the father of the child. 

When a child is born out of wedlock, the father must acknowledge paternity.

The usual procedure is that when a mother gives birth to a child out of wedlock, the maternity ward (doctor or midwife) informs the Family Law Administration that a child is born out of wedlock and provides the name of the mother to the Family Law Administration.

Once the Family Law Administration receives the birth notification from the maternity ward, the mother is asked to report who the father of the child is. The mother is obliged to inform the Family Law Administration about the identity of the father. See more under the heading "Reporting Obligation of the Mother" below. If there are multiple possible fathers, the Family Law Administration directs the matter to court.

After the mother has notified the Family Law Administration about the identity of the father, the Family Law Administration sends a Paternity Acknowledgment Form to the reported father.

The father can either acknowledge paternity by completing and signing the form and sending it to the Family Law Administration or by personally meeting at the Family Law Administration and signing the form to acknowledge paternity.

If the acknowledgment form is completed and sent to the Family Law Administration, it should either be sent by regular mail or scanned and sent as an attachment via email. Note! The form must be scanned in good quality so that everything on the document is clear and legible.

In addition, the father's signature must be authenticated by an attorney or two attestators by completing and signing the attestation section. 

The requirements for attestation are that the attestators must

• be at least 18 years old.
• not have any personal or financial interest in what is being signed. It could be a co-worker or a neighbour, for example.
• understand their role as a witness.

Note that the mother of the child is not considered impartial and can therefore not sign as an attestor.

There is no need for attestation from an attorney or attestators, if the father personally makes an appearance at the Family Law Administration.

If the reported father refuses to acknowledge paternity – meaning he does not want to sign the Paternity Acknowledgment Form or refuses to make a statement – the Family Law Administration directs the matter to the court.

The Family Law Administration also refers paternity matters to the court if there are multiple possible fathers or if it seems uncertain that the reported father who wants to acknowledge paternity indeed is the father of the child.

Unmarried parents of children born after January 1st, 2023 (according to the new parental custody law) will automatically have joint custody, if they have shared a registered residence for a 10-month period before the child was born. The residence must be registered at the National People Register.

Parents who are not married or have not shared a registered residence for the last consecutive 10 months before the child was born, can still have joint custody if they can otherwise prove reasonable attachment to each other. Reasonable attachment or cohabitation can be that both parents contribute financially or are responsible for housing expenses. Or if the parents are in a relationship but do not live together due to not yet having established a permanent shared residence. The important thing to prove is that the parents wish to care for and raise the child together, with regards to the child’s best interest. The Family Law Administration may request proof for reasonable attachment.

An unmarried mother will have sole custody of the child, if the parents have not lived together 10 months before the birth of the child, or if the reasonable attachment has not been proved, or the parents have not agreed to have joint custody.

If parents agree to have joint custody, they can formalize the agreement through the Family Law Administration. The Family Law Administration must approve the agreement. The declaration form for an agreement on joint custody must be completed, signed by both parents, and submitted to the Family Law Administration along with the required documents. Once the agreement is approved, the Family Law Administration acknowledges the declaration, provides a copy to the parents, and notifies the national registry. The declaration form can be found under Forms on the official website.

Read more about custody here.

When paternity is confirmed, the issue of child maintenance will be addressed if the mother has requested it.

The assignment of below payments may be considered:

• Child maintenance – money for the child's maintenance.
• Maternity maintenance – money for the mother's maintenance for 2 months before and 1 month after the child's birth.
• Birth maintenance – money for expenses related to childbirth.
• Baptism/name maintenance – money for expenses related to child baptism or naming.

A guide regarding the amount of the aforementioned child maintenance can be found here.

Please note that it is possible to make requests for the payments mentioned above in the declaration of paternity form.

A mother who is not married has a duty to inform the Family Law Administration who the father of the child is.

If the mother does not provide information about the father, the Family Law Administration will invite the mother to a meeting where the importance of reporting who the father or potential father is will be explained. The mother must inform the Family Law Administration who the father of the child is no later than one month after receiving a letter from the Family Law Administration requesting this information.

If the mother still refuses to inform the Family Law Administration who the father or potential father of the child is, the matter will be referred to the chief constable (Føroya Landfúti), who will summon the mother to a meeting. The chief constable may impose a fine on a mother who refuses to disclose who the father or potential father of her child is.

It is possible to apply for an exemption from disclosing the name of the father of a newborn child.

In such a decision, the Family Law Administration assess whether it would be contrary to the child's needs to confirm paternity. The Family Law Administration are overly cautious about granting such exemptions because the purpose of confirming paternity is to ensure a child's rights towards their father and the right to know their origin.