Paternity Testing-Who Can Request Them?

A paternity test is a DNA test directed by the Court to determine the biological parentage of a child. Without a DNA test, the Family Law Act provides a presumption that that you are a parent of the child if:

• your name is on the child’s birth certificate;
• your name is on a signed acknowledgment of artificial conception;
• you signed another legal document, such as a statutory declaration stating that you are the child’s parent;
• a court in Australia or an overseas jurisdiction has made an order stating that you are a parent of the child;
• If a woman was married, living, or in a de facto relationship with a man when her child was born, then the child is presumed to also be the child of the man; and
• if a child was born to a married woman, the child is presumed to be the child of the woman and her husband.

For more information on this topic, please refer to the article Am I Really Your Father? written by Shweta Kumar. Should you wish to discuss your current situation please do not hesitate to contact us on (02) 8525 2700 or click here to request an appointment with one of our experienced Family Law Team.