There are cases where parentage is an issue. The Family Court has the jurisdiction to make orders requiring the parties (and the child) to undergo DNA testing.
DNA testing is usually sought for one of the following reasons:
In some cases, there are “presumptions” about the parentage of a child. For example, if you are in one of the following scenarios, you are “presumed” to be a parent of the child for family law purposes:
If the court makes orders for DNA testing, the court can then make a declaration of parentage. If a person refuses to comply with an order for a DNA test, the court is able to draw an inference that they are refusing to take the test because it would show they are the parent of the child.
This evidence can be given to the Child Support Agency (for child support purposes) or Births, Deaths and Marriages (to be included or removed from a birth certificate). The clarification of parentage can also have an impact on court proceedings regarding parenting matters.
If you have concerns about the parentage of your child especially for de facto relationships, or you believe you are a parent of a child but have not been registered on the birth certificate, you have options available to you. Find out what are the solutions for these cases here.
If you or someone you know needs expert advice from our specialist team of family lawyers, phone us on 1800 600 664 or complete the contact form on this page.