I don’t think I’m the father?
Sometimes legal issues such as child support, recording a parent’s name on a birth certificate and spending time with a child can arise while the alleged father is questioning “Am I the father?”.
Here are some tips on parenting testing.
The identity of a child’s father is not always something that is agreed upon.
Evidence of parentage is important when a mother wants to register an application with Services Australia (Child Support), formerly known as the Child Support Agency (“the CSA”). For the father of the child to pay her child support. The CSA needs to be satisfied that the person to be assessed for child support is a parent of the child. They will only be satisfied that a person is a parent of the child in certain situations.
A person is presumed to be the child’s father if:
- they are named as the father on the birth certificate or adoption certificate
- they sign a statutory declaration (a legal document) saying they are the father
- the child was born during the marriage
- the child was born within 20 to 44 weeks of when the mother and father lived together
- the court makes a declaration (finding) that a person is a child’s father and/or that a person is liable to pay child support for a child.
DNA testing is generally accepted as the most accurate method of proving or disproving parentage (i.e. if a man is the biological father of a child).
Paternity testing involves a DNA sample being taken from the alleged father, mother, and child to prove that they are the biological father of the child. The usual sample collected is a mouth swab, although other samples such as blood, can be used.
While it is possible to order DNA test kits online, for legal proceedings testing must comply with the strict regulations outlined in the Family Law Act.
DNA testing can come about typically in two ways. Firstly, by parties reaching agreement for testing to occur or secondly, an application to a Court. However, it is important to note that the CSA cannot accept a DNA paternity testing report as proof that someone is or is not the child’s father. It will only accept a ‘declaration’ from the court. The DNA testing result can be presented in court and the court can make a ‘declaration’ stating a person is or is not a child’s father.
Refusing to participate in a court ordered DNA test may still result in a finding that the man is the father. The Court making a ‘declaration’ stating that he is a child’s father and/or that he should pay child support for a child.
It is important that you seek legal advice about DNA testing whether you are requesting a man to undertake it or whether you have been asked to provide the sample. It is important that you understand your rights and what is involved in paternity testing. If you delay in making an application or responding to a request, this could have serious consequences for you. Contact our Brisbane office today on (07) 3221 4300 or fill in our online form here to arrange an appointment to speak with an experienced family lawyer.
