Typically, when a child is born from a shortterm relationship, the question about paternity of the child can arise.
It is at this time that male clients will often approach a family lawyer and request that a paternity test be conducted to determine whether he is the legal father of the child.
Paternity and Family Law
Under the Australian Family Law Act, there is a presumption of paternity in the following circumstances:
- When the child is born to a woman who is married at the time of the child’s birth.
- If the husband and wife are separated, but resume cohabitation and the child is born to the woman within 44 weeks of resuming the marriage.
- If a man and woman have cohabited for not less than 20 weeks before the child was born.
- If the person’s name is registered on the child’s birth certificate.
There are other circumstances, where the Court makes a finding or where the father has signed a document confirming that he is the biological parent of the child.
It is vital that any paternity test is sought as soon as possible to when the child is born to clarify any concerns that a prospective father may have.
The Court will always have regard to what is in the best interests of the child, when considering a paternity test application.
Disclaimer
Please note this is not legal advice, if you have any questions regarding paternity and or parenting matters, or to speak to a family lawyer, please contact us on 8999 1800.
Also of Interest
You may find the following of interest:
SMH Article 2017 “When a Paternity Test Reveals Devastating Home Truths About a Childs Origins”