In most instances, the paternity of a child is
presumed due to the relationship existing between the
mother and the father at the time of conception.
However, in some cases a dispute can arise in relation to the parentage of a child.
The Family Law Act deems there to be a presumption of parentage in the following circumstances:
The presumption of paternity from marriage;
The presumption of paternity from cohabitation;
The presumption of paternity from an entry in the register of births or parentage information;
The presumption of paternity from a court finding; or
The presumption of paternity from an acknowledgement of paternity by the father.
If no proof of parentage or presumption of paternity exists, it will be necessary to officially establish parentage. Paternity testing can do this by establishing who the biological father of the child is. This is done through DNA analysis of the parties involved, otherwise known as “DNA typing”.
Parties can agree to undertake this testing, or alternatively the parties may be ordered by the Court. For this to occur the parentage of the child must be “in issue” and there must be evidence to place the parentage of the child in doubt, such as geographical separation at the approximate time of conception. In other words, it cannot simply be a suspicion of the parties.
DNA testing to resolve paternity issues
Paternity issues are more common than you may think. Wiltshire Family Law understand the process associated with the testing of paternity and the steps designed to determine whether a party is the biological father of the child. Accurate and reliable results are assured in circumstances where there are only a small number of trusted DNA Laboratories that satisfy the Federal Attorney General and National Association of Testing Accreditation.
Paternity can then be determined with a probability greater than 99.9%. After testing, results are returned to the firm and the results are analysed. Following learning of the results, parties are able to then look into further issues such as child support and parenting arrangements.
Talk to a specialist in family law
If you have any questions relating to paternity testing, call 13 20 30 to talk to one of our family law solicitors or fill out our contact form and we will call you back.