Sometimes there is disagreement as to who is a biological parent of the child. The law says that a person is the biological father of the child if the:
- person is named as the father on the birth certificate or adoption certificate
- person signs a statutory declaration (a legal document) saying he is the father
- child was born during the marriage or period of living together
- person lived with the mother at any time in the period between 44 weeks and 20 weeks before the birth of the child
- court makes an order or finding that identifies a person as the father of the child.
Evidence of parentage
Parentage can also be proved or disproved with other evidence. This evidence is usually provided by DNA testing. DNA testing involves comparing a sample (usually a mouth swab) from each parent and from the children. Testing can be done voluntarily or ordered by a court.
Testing for legal purposes must be done by organisations accredited under the Family Law Act 1975 (Commonwealth). For a list of accredited laboratories see National Association of Testing Authorities (NATA) – DNA analysis.
If the court orders a test and a person refuses to participate, the court may still make a decision based on the evidence it has before it. The person may be ‘declared’ (named) the biological father by the court.
It is important to get legal advice if there are disagreements about who is the other parent. If you delay applying, this could have serious consequences for your case.
More information
Family Tax Benefit and child support
Disagreeing with a child support decision
Adult child maintenance for over-18s
Other support
Find out how you can get other support for parenting arrangements, child contact and child support.
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