DISPUTED PATERNITY

Legal advice should be sought in relation to any matters involving disputed paternity. Delay in bringing an application can adversely affect the legal rights of the parties.

DNA Parentage Testing can be used to resolve disputes about paternity. Testing for legal purposes must be done by laboratories accredited under the Family Law Act 1975. The Child Support Agency cannot accept a DNA parentage testing report as proof of paternity. DNA reports can be produced as evidence in a court to obtain a court order stating that a person is, or is not, the father of a child.

Mothers (or other eligible carers)

If an application for child support cannot be accepted because there is no proof of paternity, payees should be referred to obtain legal advice from the Child Support Unit of the Legal Services Commission.

The Child Support Unit of the Legal Services commission may assist a mother by

contacting the alleged father and asking him to sign a Statutory Declaration stating that he is the father of the child/ren; or
arranging, where necessary, for DNA testing to be carried out to determine paternity;
seeking an order of the court for a finding of paternity, where necessary.

Fathers

Fathers who wish to dispute paternity of a child should be referred to obtain legal advice from the Child Support Unit of the Legal Services Commission.

The Child Support Unit of the Legal Services commission may assist a father by

arranging DNA parentage testing where appropriate;
making an application to a court for a declaration that a payee is not entitled to receive child support from the payer;
seeking a court order to recover monies already paid.

Child Support Unit

Legal Services Commission
Telephone: 8463 3576
1300 366 424 (country callers)