Paternity Testing and Parentage Disputes in Australian Family Law

Paternity Testing and Parentage Disputes in Australian Family Law

Parentage disputes can affect child support, custody, and legal rights. Here's how DNA testing works and what it means for your matter.

What Is a Paternity Test in Family Law?

A paternity test is a DNA test used to confirm whether a man is the biological father of a child. In family law, it's often used to resolve disputes about:

Child support obligations
Parental responsibility
Birth certificate corrections
Inheritance rights

Only tests conducted by accredited laboratories are accepted by the court. These labs follow strict procedures to verify identity and ensure accuracy. At-home kits and informal tests won't hold up in legal proceedings.

Can the Court Order a DNA Test?

Yes. Under Section 69W of the Family Law Act 1975, the Federal Circuit and Family Court of Australia can order a paternity test:

On its own initiative
At the request of a parent or Independent Children's Lawyer

If the child is under 18, Section 69Z requires the court's approval before testing can proceed.

What Happens If Someone Refuses?

If a party refuses to take the test, the court may:

Draw adverse inferences
Rely on legal presumptions of parentage, such as:

Being named on the birth certificate
Living with the mother at the time of conception
Signing a statutory declaration

These presumptions can carry legal weight, even without DNA evidence.

Why Paternity Testing Matters

Establishing parentage can impact:

Child support payments
Custody and visitation rights
Legal recognition on birth certificates
The child's long-term identity and emotional wellbeing

Establishing parentage is not solely a biological matter; it carries significant legal and long-term implications.

How Greigs Legal Can Help

We assist clients with:

Court applications for DNA testing
Responding to parentage claims
Navigating legal presumptions and evidence
Resolving disputes with minimal conflict

Whether you're seeking confirmation or defending your position, we'll help you understand your rights and options.

Need legal advice about a paternity dispute? Contact Greigs Legal today to discuss your matter with a family law solicitor.

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