Parentage testing
Expert family law advice in Adelaide, South Australia
Parentage testing is a less familiar part of family law, but it has significant consequences, especially for questions about child support and parenting arrangements.
If a party wishes to confirm the identity of a child’s biological parent, under Australian family laws, they must apply to the Federal Circuit and Family Court for a parentage testing order.
So, if family law parentage testing is a possibility for your family law matter, having some knowledge is an excellent starting point. Here’s some information about parentage testing, including your rights and obligations.
Get in touch to learn more about how we can help you.
Key Terms
CSA
Child Support Agency, part of Services Australia. The CSA oversees and manages child support in Australia.
DNA testing
DNA testing is a form of genetic testing that uses a bodily sample such as saliva to test for various conditions and parentage (for example, paternity testing).
Frequently asked questions about family law parentage testing
What is proof of parentage?
If you’re applying for a child support assessment, the CSA will require proof of parentage from both parents. Child support assessment laws set out the ways that you can show proof, including:
- If the child was born during your marriage, the law presumes you and your spouse are the parents
- The person is named as a parent on the child’s birth certificate
- The Court has ruled that the person is a parent of the child
- The person has acknowledged they are the child’s parent in a statutory declaration or similar legal document
- The person has legally adopted the child
- You and the other person lived together between 44 and 20 weeks before the child’s birth.
- The person is considered a parent under family laws for artificial conception procedures or surrogacy. This includes same-sex parents using artificial conception procedures.
Working out parentage can be challenging, but DNA testing may be used to resolve any doubts. It’s a legal requirement that only accredited laboratories carry out DNA testing.
How is DNA testing used in parentage issues?
DNA testing is widely regarded as the most reliable method for confirming or disputing parentage.
Usually, it involves collecting samples (for example, mouth swabs) from the child and both parents. These samples are then compared to work out if a biological relationship exists.
DNA testing can be done voluntarily or ordered by the Court, and several organisations are accredited to conduct the testing.
DNA testing must comply with Australian family laws.
The CSA doesn’t accept DNA test results on their own as proof of parentage. Instead, it will only accept a formal declaration from the Court.
When DNA test results are presented to the Court, a ruling can be made about parentage.
If the Court has ordered DNA testing and either you or the other person refuses to participate, the Court may still issue a declaration about the child’s parentage. Based on this (and other available evidence), it may also require one party to pay child support.
How do I prove I’m not the child's father?
You may believe you’re not the biological father of a child even though the CSA has assessed you to pay child support. In these circumstances, you can apply to the Court for a declaration that you’re not the father.
To challenge paternity, you must provide DNA test results that comply with family laws.
How do I prove who the father is?
Sometimes, the CSA may reject a child support application because there’s not enough proof of paternity. In these circumstances, you may need to get a declaration from the Court to establish an entitlement to child support.
If you’re receiving Centrelink payments for a child, you must take reasonable steps to secure child support. If you don’t, you may lose some of your Centrelink payments.
What is the Court process for parentage testing?
If the other party won’t voluntarily consent to parentage testing, you must apply to the Court for parentage testing orders.
A parentage testing application is handled similarly to any interim (temporary) parenting application. It begins with a First Court Event, where the matter will be presented before a Registrar (a Court staff member). At this stage, the Court will issue directions to ensure the application is prepared for resolution.
The Court relies on written evidence (rather than oral evidence) to decide the application.
How can a family lawyer help with my parentage dispute?
If you’re a mother and you need to establish paternity, we can help you to:
- Contact the alleged father and ask him to sign a statutory declaration acknowledging he is the father of your child or children
- Arrange for parentage testing to confirm paternity (if required)
- Seek a Court order for a paternity declaration (if required)
If you’re a father and you’ve been assessed to pay child support for a child that you believe may not be yours, we can help you to:
- Arrange parentage testing (if relevant)
- File an application with the Court for a declaration that you don’t have to pay child support
- Seek a Court order to recover any child support payments you have already made
Get in touch
You may need legal advice for parentage testing if you have concerns about:
- Establishing or disputing biological parentage
- DNA testing procedures
- Providing proof of paternity
We handle parentage testing issues with understanding and discretion. We offer