This article will discuss the topic of getting a paternity test in QLD (Queensland) Australia. It will also discuss certain basics of DNA testing, the legal implications of the results, and the related legislation.
In the past, circumstantial evidence often determined paternity. For example, the man’s social status or relationship with the mother. However, with the advent of DNA testing, we can now determine paternity with a high degree of accuracy.
Paternity tests are a valuable tool for resolving questions about paternity. Its purpose is to establish paternity for legal purposes, such as child support or inheritance. However, paternity tests can also have emotional consequences, so preparing for unexpected results is essential.
Paternity Test QLD: What Is a Paternity Test?
A paternity test is a medical test – the most accurate method that can determine whether a man is the biological father of a child. The test compares the child’s DNA to the man’s. If the DNA matches, the man is likely the father. If the DNA does not match, the man is not the father.
There are two main types of paternity tests:
- DNA paternity tests
- Blood paternity tests.
DNA paternity tests are the most accurate type of paternity test. They can determine paternity with a high degree of certainty. On the other hand, blood paternity tests are less accurate than DNA paternity tests, but they are still reliable. Relationship testing can also confirm whether alleged relatives are really biological related
Paternity Test QLD: What Is DNA Testing?
DNA (Deoxyribonucleic acid) testing, or genetic testing, is a medical test that can identify changes in DNA sequence or chromosome structure. DNA testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression or through biochemical analysis to measure specific protein output.
Furthermore, DNA testing is a relatively safe and non-invasive procedure. The most common way to collect DNA for testing is through swab testing (usually a mouth swab or cheek swab). Afterward, the clinic will send the cells to a laboratory for analysis.
The results of a DNA test can help to provide information about an individual’s genetic makeup. Most importantly, the use of this information is for various purposes, such as establishing paternity, identifying siblings, or diagnosing genetic disorders.
DNA testing is a powerful tool that can provide valuable information about an individual’s genetic makeup. However, it is essential to remember that DNA testing is not always accurate. The accuracy of a DNA test depends on several factors, including the:
- type of test
- laboratory that performs the test
- quality of the DNA samples.
If you are considering having a DNA test, you must talk to your doctor or a genetic counsellor to learn more about the test and its implications. DNA testing requirements must also adhere to National Association of Testing Authorities standards. The National Association of Testing Authorities (NATA) is an Australian organisation that provides accreditation and recognition for:
- Laboratories
- Inspection bodies
- Proficiency testing providers; and
- Other related entities.
Paternity Test QLD: Who Is a Biological Father?
Legal Aid Services Queensland states that a biological father of a child is someone who:
- is named as the father on the birth certificate or adoption certificate
- signed a legal document acknowledging they’re the father, such as a statutory declaration or affidavit
Moreover, an individual is a child’s biological father if:
- the child was born during the marriage
- the child was born within 44 to 20 weeks of when the mother and father lived together
- the court makes a declaration finding that a person is a child’s father and/or that a person is liable to pay child support for a child.
Paternity Test QLD: The Child Support (Assessment) Act 1989
If Services Australia (Child Support) won’t accept your claim for child support because you don’t have proof of paternity, you may need a court declaration under s106A of the Child Support Assessment Act 1989 saying you have child support entitlement.
Section 106A of the CSA Act is a provision that allows a court to declare that a person should be assessed in respect of the costs of a child if the person is a parent of the child.
Moreover, this section of the Act allows a court to declare that a person should be assessed for child support even if they are not registered as the child’s father or mother on the child’s birth certificate.
Finally, the court can declare if it is satisfied that the person is the child’s parent based on other evidence, such as DNA testing.
Paternity Test Qld: What Are the Legal Implications of a Paternity Test?
The legal implications of a paternity test can vary depending on the state in which one conducts the test. However, in general, the results of a paternity test can be used to establish paternity for legal purposes, such as child support or inheritance.
| Paternity Test Result | Effect |
| If a paternity test shows that a man is the biological father of a child | a) He may be ordered to pay child support. b) He may also be granted parental rights and responsibilities, such as visitation and decision-making authority. |
| If a paternity test shows that a man is not the biological father of a child | a) He may be released from his legal obligations, such as child support, to the child. b) He may also not be granted parental rights and responsibilities. |
Remember, the results of a paternity test can also have emotional implications. If the test results are not what you expect, dealing with the emotional fallout can be challenging. It is crucial to be prepared for the possibility of unexpected results.
Talk to an Attorney About Paternity Testing
If you are considering taking a DNA testing services, it is essential to talk to an attorney to learn more about the legal implications of the test in your state.
JB Solicitors has a team of family lawyers who can assist you and answer any questions regarding the legal implications of a paternity test QLD. Contact us today if you want to prove paternity in legal proceedings.
