Parentage DNA Testing

Parentage Testing

If you have doubts as to who the biological father of your child is (or doubt that you are the biological father of a child), then parentage testing is necessary for the purpose of determining the paternity of the child. Parentage testing is DNA testing which involves comparing a sample from both parents (or any other person) and the child. 

If the other parent refuses to participate in parentage testing, then you can apply to the Family Court of Australia or the Federal Circuit Court of Australia for an order for the testing. This is outlined in Section 69W of the Family Law Act 1975 (Cth) (the Act). 

An order for parentage testing can only be made if you also seek a Declaration of Parentage under Section 69VA of the Act. A Declaration of Parentage declares that someone is a parent. 

A Declaration of Parentage is usually required to resolve the following: 

• Child Support disputes;

• A birth certificate issue; or

• To confirm the paternity of a child in parenting proceedings.

In the Marriage of F and R (1992) FLC 92-300, Judge Butler said: “I cannot envisage a situation where the Court will order parentage testing merely because it is requested to do so. In my view an applicant must have an honest, bona fide and reasonable belief as to the doubt”.  Therefore, to proceed with parentage testing, you must have reasonable doubt as to the paternity of the child. This means that you must have some evidence to demonstrate your doubt. Without this, the Court cannot make a stand-alone order for parentage testing. 

Additionally, the Court can only order parentage testing if it relates to an issue in dispute in the proceedings. 

As per Section 69Z of the Act, the child can only be tested with the consent of a parent or guardian. However, in F and R (1992) FLC 92-300 it was established that an order for parentage testing can be ordered if it is in the best interests of the child to do so – “the principle to be applied [is] that the welfare of the child is paramount”. Therefore, the Court will not automatically order testing unless it is determined to be in the child’s best interests, regardless of whether consent was provided by the parents. The reason for this is because a child has an “important interest” to know their paternity, especially when considering inheritance, maintenance and the “human reason of identity.”

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

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