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The Order Of Children Act

Original Language Title: Bekendtgørelse af børneloven

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Table of Contents
Chapter 1 Registration of pardour in connection with the birth
Chapter 2 State management cases in the case of the State Department
Chapter 3 Fadercloset case on court
Chapter 4 Recording
Chapter 5 Fatherhood and motherhood of artificial fertilisation
Chapter 6 Surrogate maternity
Chapter 7 Government-level obligation to guide
Chapter 8 Various provisions
Chapter 9 The entry into force, etc.

Publication of the children's top

In this way, a child's code number is announced. 460 of 7. June 2001, with the changes resulting from paragraph 2 of Law No 2. 133 of 2. In March 2004, section 8 of Law No 446 of 9. June 2004, section 23 of law no. 542 of 24. June 2005 and section 2 of the Law No 602 of 18. June 2012.

Chapter 1

Registration of pardour in connection with the birth

§ 1. If a child of a married woman is born, the husband shall be regarded as the father of the child. Detection of the paternity is in the case of registration of the child's birth.

Paragraph 2. The provision in paragraph 1 shall be 1 shall not apply where :

1) the spouses of the child's birth are separated,

2) the mother within the last 10 months prior to the birth of the child have been married to another man without being separated or

3) both spouses ask for a paternity suit to be raised.

Paragraph 3. The provision in paragraph 1 shall be Paragraph 1 shall apply mutatis muthas if the husband is dead within the last 10 months prior to the birth of the child.

Paragraph 4. The provision in paragraph 1 shall be 3, cf. paragraph 1, do not apply if :

1) the spouses at the time of death were separated,

2) the mother within the last 10 months prior to the birth of the child have been married to another man without being separated or

3) The mother requests a paternity suit to be raised.

§ 2. If a child of an unmarried woman is born, a man as a father to the child, if he and his mother in writing declares that they will be responsible for the care and responsibility for the child. Detection of the paternity is in the case of registration of the child's birth.

Paragraph 2. If a child is stillborn or dies before the registration of the child's birth is carried out, a man may be registered as a father for the child, if he and the mother together in writing declare that they wish him. registered as the father.

Paragraph 3. The provisions of paragraph 1. 1 and 2 shall not apply where :

1) the mother within the last 10 months prior to the birth of the child have been married to another man without being separated or

2) either one or both parties at the time of the declaration are indifferent or under guardianship.

§ 3. Is paternity before the child's birth is recognized in section 14 (4)). Paragraph 1 or paragraph 1. 2, no. On this basis, it may be registered in the context of the registration of the child's birth.

Chapter 2

State management cases in the case of the State Department

Case beginning

§ 4. Before the child's birth can be raised by the mother or by the state administration.

§ 5. Where fatherhood is registered or recognised by State administration, a matter within six months of the birth of the child shall be raised by the mother, the father or the child's guardian.

Paragraph 2. Where fatherhood is registered in accordance with section 1, a case within the same period may be raised by the father of the father, unless the father is deemed to have recognized the child as its own.

§ 6. A man who's had sexual relations with the mother during the period during which she was pregnant has the right to try to see if he is the father of the child, cf. however, paragraph 1 Two and a ten. Request to this must be written and shall be made within six months of the birth of the child, except where a paternity suit is pending at the time of the request.

Paragraph 2. If a man is registered as the child's father after § 1, § 2 or § 3, cf. Section 14, paragraph 14. One, another man cannot raise paternity suit in accordance with paragraph 1. One, no matter one. Act. a man may, however, raise paternity cases if he is, during the period in which the mother was pregnant, was married to the mother without being separated or lived in a permanent relationship with her.

Paragraph 3. A man who, within the last 10 months prior to the birth of the child, has been married to the mother without being separated, must have written notice of the child's birth as soon as possible, with instructions on his right to travel paternity. This does not, however, apply if he is already a party to the case.

§ 7. If no fatherhood is registered after section 1 to 3 and no case is made by others, state administration is subject to the case, cf. however, paragraph 1 2.

Paragraph 2. If the child is dead, the paternity must be sought only if the mother or anyone who has a legal interest in it requests it.

Processing of the case

§ 8. The mother shall state who is or may be the father of the child, cf. however, paragraph 1 2.

Paragraph 2. The provision in paragraph 1 shall be Paragraph 1 shall not apply to the recognition of paternity as of section 14 (4). 1. Is fatherhood registered after § § 1 or 2 or after section 3, cf. Section 14, paragraph 14. Paragraph 14 (2), or after the child's birth, have been recognised after the birth of the child. Paragraph 1 shall apply. Furthermore, only if it is determined or deemed to be significantly reinforced that the man who is registered as a father or has recognised the paternity is not the father of the child.

Paragraph 3. If the mother does not, who is or may be the father of the child, she must be guided by the importance of what this means to her and the child.

§ 9. Parties to the case

1) the child or its death,

2) the mother or her estate,

3) a man who is registered as a father or has recognized the paternity, or his death nest,

4) a man who, after the mother's information, is or may be the father of the child, cf. ~ 8, or his estate and

5) a man who has the right to know if he is the father of the child, cf. § 6, or his death nest.

Paragraph 2. If the mother is dead, then the state administration will be involved at the request of the child's guardian of a man as a party, if it is admissible that he is or may be the father of the child.

§ 10. If the child has become a criminal offence, the man who committed the relationship cannot be the father of the child, whose vital concern for the child is to speak against it.

§ 11. The State administration urges the mother and the men involved in the proceedings to cooperate in court-based investigations, if that can be relevant to the case.

Paragraph 2. The provision in paragraph 1 shall be 1 may be used to others other than the parties involved, if it is considered to be of crucial importance to the case.

§ 12. State administration can decide that a man who is no doubt not the child's father should be dismissed.

§ 13. The State Department will bring this matter to court, if you know

1) one of the parties to the proceedings,

2) The state administration finds it concerned to continue to deal with the matter,

3) call for notification in the State of State or in the case of a court ruling in accordance with the title of the Danish State of Law, in accordance with Article 158 of the law of the law,

4) the case may not, by the way, be concluded by recognition or the execution of State administration, or

5) one of the parties has been deprived of the legal capacity for the Clause 6 of the guardians.

Recognition of fatherhood

§ 14. A man can recognize the paternity of a child, if he and his mother declare that they will be responsible for the care and responsibility for the child. However, this does not apply if the mother within the last 10 months prior to the birth of the child or expected birth has been married to another man, without being separated.

Paragraph 2. A man who's had sexual relations with the child's mother during the period when she got pregnant, she can recognize the paternity if she was pregnant.

1) the mother after the enlightened not having sexual relations with other men during this period ; or

2) He is undoubtedly the child's father.

Paragraph 3. Has the mother had sexual relations with other men during the period during which she was pregnant, a man may recognise the paternity if he and his mother declare that they will be responsible for the care and responsibility for the child. Recognition must be joined by other men who are involved in this matter.

Paragraph 4. Recognition in accordance with paragraph 1. 1-3 shall be written in writing. Recognition in accordance with paragraph 1. 3 can only be done during a meeting of the state administration.

Paragraph 5. If one of the parties has been deprived of the legal capacity for the Clause 6, there may be no recognition in accordance with paragraph 6. 1-3. If the man is insinuated as a result of a minor, the consenting consent must be given in the recognition. The section 257 of the court of justice. ONE, TWO. pkt; shall apply mutatis muctis.

Paragraph 6. Within the recognition of paragraph 1, The man who recognizes the paternity must be familiar with the legal implications of the recognition and the fact that he can claim the matter in a court of law.

Paragraph 7. Fatherhood cannot before the child's birth is recognised in accordance with paragraph 1. 2, no. 2, and paragraph 1. 3.

Paragraph 8. The Minister for Social Affairs and the Minister for the Minister for Social Affairs and the Minister for Foreign Affairs can say that recognition has to be made equal to the recognition of public services.

Chapter 3

Fadercloset case on court

The case of the case

§ 15. It can only be brought before the court of state administration.

Processing of the case

§ 16. The mother has a duty to appear in court and give an explanation as to who is or may be the father of the child. § 8 (3) 2 and 3 shall apply mutatis mutis.

§ 17. The court will withdraw the men referred to in section 9 and other men who, after the enlightened state, can be the father of the child. Section 6 (2). 3, section 10 and 12 shall apply mutatis muth.

§ 18. The court shall decide on the execution of the court's genetic examination of the parties involved, if it may be relevant to the case. Section 11 (1). 2 shall apply mutatis mutis.

Recognition of fatherhood

§ 19. Fatherhood can be recognised as a court of law. Section 14, paragraph 14. 1 7, shall apply mutatis mutis.

Sentence of fatherhood

20. A man is convicted as a father, if he is, after the outcome of court-based forensics, the child's father is no doubt.

Paragraph 2. In other cases, a man as a father is convicted of having sexual relations with the mother during the period during which she was pregnant, and there are no circumstances that make it unlikely that he is the father of the child. In addition, the mother of the period in which she was pregnant has sexual relations with other men, it is also a condition that :

1) none of these after the outcome of the court's genetic examination is the child's father or

2) It is predominating that none of these are the baby's father.

Paragraph 3. Decisions pursuant to paragraph 1. TWO, TWO. pkt., no. Two, it's attached to the significance of whether the mother has been married to or lived with one of the men during the period of pregnancy.

Chapter 4

Recording

§ 21. Where the paternity of a child has not been recorded or recognised by the recognition or judgment, the case shall be resumed at the request of the mother or her death, from the child or its guardian, or from death, or from a man who has the right to have tried, whether or not he is a person who is entitled to try to be recognized ; The child's father, cf. § 6.

Paragraph 2. Recording can only take place if it is admissible that a particular man can be the father of the baby.

Paragraph 3. If the child is cuspous, the case may not be re-taken against its will.

§ 22. If the paternity of a child is recorded or recognised in the event of recognition or conviction, the case shall resume if the mother or her death, the child or its guardian, or his death, and the father or his death, in agreement, request that.

Paragraph 2. Recording can only take place if it is probable that another man can be the father of the child.

-23. In the case of registration of the fatherhood where the registration of the fatherhood may have been of relevance to the person who has been registered as a father, the mother or her estate, the guardian or the death nest of the child or his estate, may be the person registered to or his estate or a man who, on the other day, or his death, may or may not : The failure has not been registered as the father of the child, or his death nest within three years of the birth of the child, demand the case to be resumed.

Paragraph 2. The case may not be raised by the father or his death, if he has recognised or disprove the child by treating it as its own. Neither can be raised either by the mother or her estate, if she is aware or adripe of the failure to have the father treat the child as his or her own.

Paragraph 3. A case must be resumed at the request of a man who, after paragraph 6 (1), shall be resumed. 3, if the message has not arrived at him within five months of birth, the birth of the child shall be notified. The request must be made without undue delay after he has received knowledge of the birth of the child and, within three years of the birth, no later than three years after he is born.

§ 24. Where is the paternity of a child registered or established in the event of recognition or conviction, the mother or her death, the guardian or death of the child or the father or his death within three years after the birth of the child, request that the case be resumed if there is any the information on circumstances which may be considered to be subject to a second outcome or, in any case, shall be of particular reason to assume that the case will be a different outcome.

Paragraph 2. In accordance with paragraph 1, 1 shall be given in particular,

1) the length of time since the child's birth,

2) whether the father knows or adrime of the circumstances of the circumstances that raise doubts as to whether or not he is the child's father, who has recognised the child by treating it as his own,

3) on the mother who is aware or adripe about the circumstances referred to in point (2) : Two, let the father treat the child as her,

4) whether a party with knowledge or suspicion on the circumstances of the child's father, not within a reasonable time, have requested the resumption of time ; and

5) If the child can be expected to have a father, if the case is resumed.

§ 25. Resumption in accordance with section 23 and 24 may be authorized after the expiry of the time limit laid down in these provisions, provided that the request is not made previously, the circumstances may, by the way, be given a high level of retake, and that may be stated, presumes that a review of the case will not result in significant disadvantages for the child.

SECTION 26. Decidemption of whether a case is to be resumed shall be taken by the state administration.

Paragraph 2. The State administration will issue the issue of the resumption of justice if a party is requested by a party within four weeks of the decision of the State Management Decision.

Paragraph 3. If the case is reentered, Chapters 2 and 3 shall apply mutatis muctis, cf however, paragraph 1 4.

Paragraph 4. A man who has previously been a party to the case, but as after the outcome of court genetic studies or evidence of the extent to which he had sexual relations with the mother during the period during which she was pregnant, has not been regarded as the child's father, cannot be found ; against his will be revoked. However, this does not apply if he has given false testimony to the right of matters of interest to the case or to his knowledge has been an identity change, exchange of genetic material or other similar errors.

Chapter 5

Fatherhood and motherhood of artificial fertilisation

Fatherhood

§ 27. If a woman has been artificially fertilised by a health expert or under the responsibility of a health-care person, her husband or partner as the father of the child shall be considered to be the father of the child, if he has given consent to the treatment and the child must be presumaged to be at this time.

Paragraph 2. The consent referred to in paragraph 1. 1 must be written in writing and shall contain a statement that the man shall be the father of the child.

§ 28. A sperm donor cannot be condemned as a father to a child who has become a child of his own in the artificial fertilisation of a woman other than his spouse or partner whose semen is donated for the use of a health expert in the case of artificial fertilisation, cf. however, paragraph 1 2.

Paragraph 2. A sperm donor can be judged as a father to a child who, with his semen, has become an artificial fertilisation of a woman other than his spouse or partner, if only.

1) the semen is donated to the use of a health expert in artificial fertilisation ;

2) the donor has consened to a certain woman receiving the treatment, and

3) the child must be assumed to be at this.

Paragraph 3. Exempted from paragraph 1. 2 is the case referred to in section 27 (4). 1.

Paragraph 4. The semen has not been donated as referred to in paragraph 1. 1 and 2 shall be regarded as a sperm donor as the father of the child, unless the semen is used without his knowledge or after his death.

Paragraph 5. The consent referred to in paragraph 1. 2, no. 2, must be written in writing and shall contain a statement that the donor must be the father of the child.

§ 29. The provisions of Chapter 1-4 shall also apply mutatis mutis.

Motherhood

-$30. The woman who's having a baby that has become a child of artificial fertilization is considered mother of the child.

Chapter 6

Surrogate maternity

§ 31. An agreement that a woman giving birth to a child will have to hand over the child to another is invalid.

Chapter 7

Government-level obligation to guide

§ 32. The State administration shall provide necessary guidance on matters relating to this law and shall assist, including the completion of forms and so on.

Chapter 8

Various provisions

§ 33. The Social-and the Minister for integration shall lay down rules on the processing of proceedings under this law, including the procedures for the notification and registration of paternity, in accordance with section 1 to 3, the state management of paternity cases, the calculation of the paternity matter ; period in which the mother was pregnant and the execution of forensic studies.

Paragraph 2. The Social-and the Minister for integration shall draw up forms for registration of paternity, in accordance with sections 1 to 3 and for the recognition and submission of a declaration in accordance with section 14, 19 and 27. The Minister for Social Affairs and the Minister for Foreign Affairs can say that signatures should be confirmed by a lawyer or two-proof witnesses, or confirmed in other ways.

§ 34. The government may enter into agreement with other States about the relationship between Danish and Foreign Policy rules on the setting of paternity and maternity-based motherhood. The Agreement shall apply to the country where the Agreement is announced in law-making.

Paragraph 2. The Social-and the Minister for Foreign Affairs can lay down rules on the relationship between Danish and other Nordic countries rules on the setting of paternity and motherhood.

$35. The decision of the State administration under this law may not be brought to the second administrative authority.

Chapter 9

The entry into force, etc.

§ 36. The law shall enter into force on 1. July 2002.

Paragraph 2. The law shall apply to children born after the entry into force of the law. In the case of children born before the entry into force of the law, the applicable rules have been applied however, paragraph 1 3.

Paragraph 3. The provision in section 22, cf. Section 26 also applies to children born before the entry into force of the law.

§ 37. (subtly).

§ 38. The law does not apply to the Faroe Islands and Greenland, but can, by means of a royal device, be brought into force for these parts of the village, with the deviations which are attributable to the special ferry or Greenlandic conditions.


Law No 133 of 2. March 2004 contains the following entry into force and transitional provisions. (The Act of Loacation relates to section 2, the rules for the simplification of the rules on registration of paternity to stillborn children.)

§ 3

Paragraph 1. The law shall enter into force on 1. April 2004.

Paragraph 2. The law shall apply to children born after the entry into force of the law.


Law No 446 of 9. June 2004 contains the following entry into force and transitional provisions. (The Act of Loacage is about section 14. The law-simplification laws in the area of family law, etc.),

§ 9

Paragraph 1. The law shall enter into force on 1. October 2004, cf. however, sections 10 and 11.

Strike, 2-6. (subtly).

Paragraph 7. Section 14, paragraph 14. FIVE, TWO. pkt., in the paediatrim as amended by this law's § 8, nr. Paragraph 1 shall apply to children born after the entry into force of the law. In the case of children born before the entry into force of the law, the existing rules


Law No 542 of 24. In June 2005 the following entry into force and transitional provisions shall be included. (The administration of the law is concerned with regional governmental administration.)

§ 5. (subtly).

§ 6. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2.

Paragraph 2. (subtly).


Law No 602 of 18. June 2012 contains the following entry into force and transitional provisions. (The Act of Loacage is related to sections 27 and 28. In the case of artificial fertilisation, the law shall concern fatherhood.

§ 4

Paragraph 1. The law shall enter into force on 1. -October 2012.

Paragraph 2. Section 2 and section 3 of the law. 2, applicable to children who have become artificial fertilization carried out after the entry into force of the law.

The Social-and the Ministry of Integration, the 8. November 2012

P.M.V.
Jesper Zwisler

/ Dorte Bech Vizard