Paternity testing is an important procedure for determining the biological father of a child when there is uncertainty. This need can arise for several reasons, such as establishing legal parentage for child support, resolving inheritance disputes, or simply seeking personal reassurance. If you have questions about paternity, it is essential to understand the process and your legal options.
There are a number of reasons for a person to request a paternity test. Some men may request it to be certain whether they are or are not a father, and some women may request it to prove who the father of a child is if the child’s father has not been listed on the birth certificate particularly for Child Support purposes.
If both parties are agreeable to the paternity test, they can privately arrange for DNA testing to be carried out without the need for a court order. To ensure that results of a private paternity test are acceptable to a court should it need to be considered, it is vital to have the test conducted by an accredited laboratory and that the testing complies with the Family Law Regulations 1984. If you are in this situation, we can facilitate this process and ensure the processes are compliant.
If a person has requested a paternity test and the other person does not agree to it, an application must be made to the Family Court or the Federal Circuit Court for an order for parenting testing.
For this application to be made, evidence must be put forward to the court as to why he is or is not ‘presumed’ to be the father.
A man is presumed to be a father if:
If a man is presumed to be the father under the Family Law Act presumptions listed above, he would need to provide evidence to the court to demonstrate why he had an honest and reasonable belief as to why he was not.
If a man is not presumed to be the father under the same presumptions, it would be necessary to provide evidence to the court to demonstrate why there is a reasonable belief he is the father.
This is a very complex area of law, and it is not merely the case of requesting a paternity test to reveal the truth. The presumptions above exist to ensure that parentage is more than just DNA testing, and that individual circumstances are considered and regarded.
If this situation applies to you, and you wish to either prove or disprove parentage, we can provide advice and assistance to you.
If a man is presumed to be the father under the Family Law Act presumptions listed above, he would need to provide evidence to the court to demonstrate why he had an honest and reasonable belief as to why he was not.
If a man is not presumed to be the father under the same presumptions, it would be necessary to provide evidence to the court to demonstrate why there is a reasonable belief he is the father.
This is a very complex area of law, and it is not merely the case of requesting a paternity test to reveal the truth. The presumptions above exist to ensure that parentage is more than just DNA testing, and that individual circumstances are considered and regarded.
If this situation applies to you, and you wish to either prove or disprove parentage, we can provide advice and assistance to you.
Need clarity on paternity in Australia? Foye Legal can guide you through the testing process and legal implications across the Illawarra, South Coast, and Sydney. Contact us for confidential advice.
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In Australia, paternity tests are commonly used to legally establish the biological father of a child for reasons such as child support arrangements, parenting orders, inheritance matters, immigration processes, or simply for personal knowledge and peace of mind.
Paternity testing in Australia usually involves collecting DNA samples (typically cheek swabs) from the child and the alleged father. For legally admissible results, the testing must be conducted by an accredited laboratory following strict chain-of-custody procedures to ensure accuracy and prevent tampering.
Generally, in Australia, a mother can arrange a paternity test for informational purposes without the alleged father’s consent. However, for the results to be legally admissible in court proceedings (like child support or parenting orders), all parties involved, including the alleged father and the child (if old enough), usually need to provide informed consent, or a court order may be required.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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