19 Jul Who’s your Daddy?
The Family Courts have the power to make Orders for DNA paternity testing in cases where a Father may wish to prove that he is or is not the Father of a child, or a Mother seeks to prove who the Father of her child.
Under the Family Law Act, a person may be presumed to be the Father of a child in circumstances where:
- That person was married to the child’s Mother;
- The person’s name is listed on the birth certificate;
- The person cohabitated with the Mother between 44 weeks and 20 weeks prior to the child’s birth;
- Another Court has already made a determination as to parentage; or
- The person has executed a document under State or Federal law, or a recognised international law, acknowledging he is the Father.
If the presumptions listed above do not apply in your case or a presumption does apply and a person seeks to rebut it, then the Courts will generally make Orders for a DNA test to be conducted.
Upon the return of DNA test results, the Family Courts may make a Declaration as to Parentage subject to 69VA of the Family Law Act. The Family Courts will only make Orders regarding Parentage if there are other substantive issues to be determined such as child support, primary care or ‘spend time’ arrangements.
If you have any queries in relation to Parentage or you have been requested to undergo a DNA paternity test, you should first obtain legal advice. You may contact our office and speak to one of our friendly and knowledgeable family law solicitors.