Proof of parentage

If you’re unsure or disagree about who the child's biological father is, there are laws to help prove the child’s parentage and to make sure you receive adequate support services. 

When you need legal advice

Get legal advice if you have concerns about:

  • who a child’s biological parent is
  • DNA testing
  • providing proof of paternity.

How to get legal advice

Disagreements about who the child’s father is

It’s important you get legal advice if there are disagreements about who a child’s father is. If you delay making an application, this could have serious consequences for your case.

The law says a person is the child’s biological father if:

  • they’re named as the father on the birth or adoption certificate
  • they sign a legal document acknowledging they’re the father, such as a statutory declaration or affidavit
  • 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.

What the law says about who the father is can sometimes be proven wrong with other evidence, such as DNA testing.

DNA testing

DNA testing is generally accepted as the most accurate method of proving or disproving parentage.

Testing for legal purposes must comply with the regulations outlined in the Family Law Act 1975. There are a number of organisations who can provide this service.

DNA testing involves collecting a sample (usually a mouth swab) from each parent and child. The DNA from each sample is then compared. Testing can be done voluntarily, or it can be ordered by a court.

If the court orders DNA testing and a person refuses to participate, the court may still make a declaration stating that a person is a child’s father and/or that a person should pay child support for a child based on other evidence.

Having the DNA test recognised

Services Australia (Child Support) can’t accept a DNA parenting testing report as proof that someone is or is not the child’s father. It will only accept a declaration from the court.

The DNA testing result can be presented in court and the court can make a declaration stating a person is or is not a child’s father.

How do I prove I am not the father?

If you think you’re not the biological father of a child you’re asked to pay child support for, you can apply to a court for a declaration under s 107 of the Child Support (Assessment) Act 1989.

You’ll need to provide DNA testing that complies with the regulations outlined in the Family Law Act 1975.

How do I prove who the father is?

If Services Australia (Child Support) won’t accept your application for child support because you don’t have proof of paternity, you may need a declaration from a court under s 106A of the Child Support Assessment Act 1989 stating you are entitled to child support.

If you’re receiving Centrelink payments for a child, Centrelink needs you to take reasonable action to get child support or you may lose some of your Centrelink payments.

How to get legal advice

We can give legal advice about child support matters.

We may be able to help you obtain proof of paternity.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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