Paternity Testing & Parentage Disputes

Questions about a child's parentage can have far-reaching consequences — for the child's identity, for parenting arrangements, and for child support. Where the identity of a child's father is genuinely in doubt or in dispute, the law provides ways to resolve it, including court-recognised parentage testing. At Bruce Dulley Family Lawyers we advise Brisbane clients on paternity and parentage issues with sensitivity and clear practical guidance.

Under the Family Law Act 1975 (Cth) there are several legal presumptions of parentage. A man is presumed to be a child's father if he was married to the child's mother at the time of the birth, if he was in a de facto relationship with her during the relevant period, if his name is on the child's birth certificate, or if he has formally acknowledged paternity. These presumptions matter because they determine, at least initially, who has parental responsibilities and who may be liable to pay — or entitled to receive — child support. But a presumption can be rebutted by evidence, and that is where parentage testing comes in.

Where parentage is in dispute, a person can ask the Court to make an order for parentage testing — most commonly DNA testing. The testing must be carried out by an accredited laboratory using a strict chain-of-custody procedure so that the result is reliable and admissible in court. A home DNA kit purchased online, while it may give a person personal reassurance, does not meet these standards and will generally not be accepted by the Court. We can arrange for testing to be conducted properly so the result actually carries weight. If a party refuses to comply with an order for testing, the Court is entitled to draw inferences from that refusal.

The reason parentage is so often contested is its effect on child support. If a man has been assessed to pay child support for a child who is later proven not to be his, he may be able to have the assessment ended and, in some cases, recover amounts already paid. Conversely, a mother seeking child support may need to establish parentage before an assessment can be made against a man who denies he is the father. These are difficult and emotionally loaded situations, and the financial stakes can be considerable, so getting the legal process right is important.

Parentage also affects parenting arrangements. A person who is established as a parent has the right to seek orders about spending time with and being involved in the life of a child, and carries responsibilities towards that child. For same-sex couples and families formed through assisted reproduction, surrogacy or known-donor arrangements, the question of who is a legal parent can be more complex and deserves careful, specialised advice — the biological position and the legal position are not always the same.

Where parentage is admitted but not formally recorded, the Court can make a declaration of parentage, which is a formal legal finding that settles the question for all purposes. This can be important for the child's birth records, for inheritance, and for the certainty of everyone involved.

We approach these matters practically and discreetly. We will explain the presumptions that apply to your situation, advise whether a testing application is appropriate, arrange compliant testing where it is needed, and help you deal with the consequences for child support and parenting. Our focus throughout is on resolving the question accurately and protecting the interests of the child. Every family law matter is different. The information on this page is general only and is not legal advice. To discuss your situation in confidence, request a confidential consultation with our Brisbane family law team.