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Paternity and DNA Testing

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Proof of paternity refers to the legal determination of who is the father of a child. The law automatically says there is ‘proof of paternity’ of you being the father of a child where:

  • you were married to the child’s mother at the time she became pregnant;
  • you are named as the father on the birth certificate;
  • you have signed a statutory declaration saying you are the father of the child;
  • you and the mother were in a de facto relationship at the time she became pregnant; or
  • there is a court order saying you are the father of the child.
 
If there is no proof of paternity DNA testing is the best way to obtain this evidence. If there is proof of paternity, but either party believe the man is not or may not be the father of the child DNA testing can be undertaken to make sure.
 
DNA testing is a scientific test that is able to tell if a man is the father of a child by comparing a DNA sample from the man, woman and child. Most commonly the sample is taken by a mouth swab from the inside of the cheek and then tested to show with 99.9% accuracy whether the man is the father of the child. If being used for the purpose of Court proceedings or Child Support it is important that the DNA tester who is used is one whose results will be accepted by the Family Court.
 
Either the man or the woman may apply to the Family Court for DNA testing to be ordered. The Family Court will consider when the woman became pregnant, any other sexual relationships the woman may have been involved in at the time and other relevant information. The Family Court cannot force a person to give a sample for DNA testing, however, if the court orders the testing and a person refuses to cooperate, the court can infer that the person is the child’s parent and make an order accordingly.
 
In certain circumstances a man is assessed to pay child support for a child who is not his biological child. Where this occurs you are able to apply to the Family Court for a stay of the Child Support Order pending paternity testing being undertaken. If the results are negative the court will make a declaration that there is no entitlement to child support and the court mayorder that the woman pay the legal costs (eg lawyers’ fees) and DNA testing costs of the man. If a stay is not obtained the Court will not always order that Child Support paid to the child’s mother is to be repaid to the man and so urgency in making an application is advised.
 
Call one of our Family Lawyers for free initial telephone advice on your circumstances on 95258688.

Key People

sutherland shire lawyer greg dicksonGreg Dickson 

primary area of practice is litigation. In 1993, he became one of the first solicitors in New South Wales to achieve Accreditation as a Specialist in Family Law and Property Relationships Act Law. Greg is the head of our Family Law Division but also practices extensively in commercial and general litigation ...read more

sutherland shire lawyer kevin dwyerKevin Dwyer 

can advise you upon and conduct all Family Law and De Facto Relationship matters in the Family Courts at Sydney, Wollongong and Parramatta. Kevin can also assist you in Criminal Law and appear in Local Courts all over New South Wales in AVO and criminal proceedings as well as ...read more

Amanda DoringAmanda Doring 

is a Family Law Accredited Specialist with extensive experience drafting binding financial agreements and conducting urgent applications in the Family Court and Federal Magistrate’s Court as well as De Facto proceedings in the Supreme, District and Local Courts ...read more

Lisa O'Leary 

operates predominantly in the area of Family Law and De Facto Relationship dispute resolution in the Family Court, the Federal Magistrates Court, the Local and Supreme Court or by alternative dispute resolution procedures ...read more 

Nicola Morgan 

Nicola joined Warren McKeon Dickson in January 2009 as the recipient of the Warren McKeon Dickson Work Integrated Learning Scholarship offered in conjunction with the University of Wollongong.  ...read more 

 

 

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