Some family law situations lead people to seek DNA testing to establish parentage. DNA testing may be the solution, whether you’re a mother seeking child support from the biological father or a male pursuing conclusive answers and potentially a relationship with your child.
Circumstances that may lead you to someone seeking a DNA test are as follows:-
- A mother seeking to establish a child’s paternity, often for purposes of obtaining a child support assessment when the father is not named on the birth certificate.
- Men who want to establish a legal parent status, either as the biological father or to challenge a child support assessment.
The above are a couple of many possible scenarios.
Here’s what you need to know about Australian DNA testing.
Parentage testing involves the legal relationship between the father and child, which determines the rights and obligations of the father and child. These include but are not limited to child support and the child's care.
How to Establish Parentage
Most of the time, a parent voluntarily acknowledges that he is the child's father and is named on the birth certificate.
Under the Family Law Act, if a person’s name is entered as a parent of the child on the birth certificate, that person is presumed to be the child's parent. That presumption can be challenged, but it stands until there is proof to the contrary in the eyes of the law.
If the biological father does not accept responsibility, there is a legal process to determine paternity which includes DNA testing. A Court can order DNA testing of an alleged father. If either parent objects to the DNA testing, then the Court has the discretion to make an adverse finding.
The Court can also refuse to make an Order about DNA testing. The Court will consider what is in the child's best interests when deciding whether an Order relating to DNA testing should be made. When determining what is in the best interests of the child, the Court will need to consider factors such as the child’s identity, the risk of psychological harm versus knowing the truth and whether enduring testing will be upsetting or cause the child to question an aspect of their life they have never questioned before.
So, whilst you may be seeking DNA testing, the Court has the discretion to refuse that request.
DNA Testing
On the application of either parent, the Court may direct all parties (mother, child, and alleged father) to surrender to DNA testing to aid the Court in determining paternity.
When paternity is established, the Court has the discretion to declare the father’s paternity, and the father then becomes legally obligated to pay child support.
The usual method of carrying out the test is with a swab of cells taken from the inside cheek of each person involved.
Whilst you may be tempted to arrange a DIY at home parentage test, the test will not provide you with a result admissible in family law matters. You should ensure that you are undergoing DNA testing at a Court approved testing facility.
DNA is the genetics present in each cell of the human body and is unique to everyone. A child inherits 50% of their DNA from the biological mother and 50% from the biological father. As part of DNA testing, the child's genetic characteristics are matched with that of the mother and father.
DNA testing is deemed the most precise form of paternity testing. Suppose the DNA characteristics of the mother, child, and alleged father match on each DNA test, the likelihood of paternity is 99.9%. If the samples do not match, the father's paternity can be ruled out.
EndNote
After paternity is determined, the child attains many legal benefits, including child support, future inheritances and perhaps, more importantly, the emotional benefit of a meaningful relationship with a biological father.
If you are considering seeking a DNA test or have questions relating to separation or divorce, we invite you to reach out to one of our expert Family Lawyers to receive empathetic legal advice about your goals and needs. Call us today – 1300 414 855