If you are wondering how to get a paternity test it is likely that you have found yourself in the midst of a parenting dispute in the Family Court. This could either relate to child custody matters or child support matters.
A paternity test essentially involves a DNA test to ascertain the paternity of the child in question. The question of how to get a paternity test is usually asked to family lawyers when the families are dealing with child support disputes, custody disputes, or any other parenting related proceeding in courts.
This article aims to answer the question of how to get a paternity test, the legislation around paternity tests in Australia, and what court-ordered paternity tests are.
Australian Legislation On Paternity Tests
According to Section 69W of the Family Law Act (1975), family courts can make a parentage testing order. This is used to determine the parentage of the child. When the court makes orders, it will ask that specific requirements be met in terms of testing procedures.
These are generally known as court-ordered paternity tests. There are various reasons why such an order will be made. Some of them include:
- To prove paternity in a family court matter;
- To obtain child support from a specific person; and/or
- To refute the child support that is being sought against a particular person.
Is There Any Presumption Of Parentage In Australian Legislation?
In the absence of a DNA test, there is a presumption regarding parentage of the child, as stated under the Family Law Act (1975). According to this presumption, a person is considered a parent of the child if any of the following apply:
- According to Section 69R – if your name is in the child’s birth certificate;
- According to Section 69T – if you have sworn a statutory declaration i.e. presumption arising from acknowledgements
- According to Section 69S – if the court has made an order stating that you are the parent of the child
- According to Section 69P – if you were married to the parent at the time the child was conceived
- According to Section 69Q – if you cohabited with the other parent between 44 weeks to 20 weeks before the birth of the child
What Exactly Is A Paternity Test?
Before we address the question of how to get a paternity test, let’s understand what is a paternity test. A paternity test is a type of DNA test which helps in determining who the biological parents of the child are.
The test can be of the following types:
- any bodily sample like mouth swab;
- cheek swab; or
- blood test
To carry out the test, these samples will be taken both from the father and the child. Importantly, when conducting this test for legal matters, for instance when taking a court-ordered paternity test, you cannot provide self-samples, rather you need to complete these tests in a medical environment.
What Exactly Is A Court-Ordered Paternity Test?
When asked how to get a paternity test by our clients, the majority of cases under family law involve court-ordered paternity tests.
In family law proceedings where there is a dispute about the child’s actual parent, the court may order that a paternity test be taken when there is a reasonable doubt about the child’s paternity.
When a person requests for a court-ordered paternity test, before the court makes the order, it must be satisfied that there is reason to believe that the person making the request could be the parent of the child (before the test). Additionally, as with every family law case, the child’s best interests will be considered when such orders are being made.
How To Get A Paternity Test?
Generally, when the parties are unsure about the paternity of the child, they can make an application to the Family Court for the same. It is highly recommended that you seek the advice of experienced solicitors who can help you make this application, and all other factors around how to get a paternity test.
Before a court-ordered paternity test is made, the court will need to be convinced that there is a reasonable doubt about the parentage of the child. To do so evidence must be provided for all relevant aspects such as sexual relationship.
Other forms of evidence can include:
- proof of relationship registration – for instance from the NSW Registry of Births Deaths and Marriages;
- marriage certificates; and
- any other relevant evidence which indicates a solid reason to believe that the parent undergoing the test is indeed the biological parent of the child
Procedures Related To Paternity Test
These matters can easily add to your stress and anxiety. This is understandable as court proceedings can get complicated. But in getting a paternity test – apart from giving your bodily samples – there are a few other legal procedures you need to follow and be mindful about.
These are as follows:
- Complete an affidavit and declaration.
- Sign the label on the sealed container which holds the DNA sample.
- Attach a photograph of the donor with the declaration (photo taken by sampler). The photo and declaration will need to be attached such that it should be obvious if anything is removed.
- Both the declaration and affidavit should also consist of recent medical history of the donor.
Importance Of Seeking Legal Advice
The basic answer to how to get a paternity test is by applying for the same at the court. It is important to note that the results of the test can significantly affect the parenting proceedings, as the courts will make orders around child custody, or child support based on the result.
The court proceedings around parenting matters is complicated. Adding to this, the uncertainty around parentage can cause great stress to involved parties. For these reasons, it is highly advisable for you to seek the legal guidance of experienced family law solicitors.
The friendly family law team at JB Solicitors is passionate about helping all clients with their legal needs and are experts in providing tailored advice.
If have other questions regarding how to get a paternity test, do not hesitate to contact us today.
