Can the Family Court make orders for parentage testing?
In some family law matters the parentage of a child is in issue. The law enables the Court to make an order requiring a parentage test to be carried out to help determine the child’s parentage. The Court can make the order for a parentage test at the request of any of the following:
- • either of the parties to the Court proceedings;
- a party representing a child in the proceedings;
- on the Court’s own initiative.
Before the Court can make the order for the parentage test, there must be evidence before the Court which places the parentage of the child in doubt. An order for parentage testing cannot be made just to satisfy one party’s personal doubt.
When making a parentage testing order the Court can order both the child and their mother to be the subject of a parentage test, as well as any other person that could help in determining the parentage of a child. As well as the possible father of the child, this could also include any relative of the child including brothers, sisters or grandparents.
If a parentage test is ordered on a child under the age of 18 years, it cannot be carried out without the consent of the child’s parent or guardian even if the child wants to take the test.
Once the Court has decided the parentage of a child, they can issue a declaration of parentage which is evidence of parentage for any other matter under Australian law including Child Support.
What are the medical procedures that can be used for parentage testing?
The specific "parentage testing procedures'' that can be ordered by the Court are:
- red cell antigen blood grouping
- red cell enzyme blood grouping
- HLA tissue typing
- testing for serum markers
- DNA typing.
What are the procedures for parentage testing?
The requirements for any person providing a bodily sample for a parentage test (the donor) are as follows:
(i) They must complete an affidavit just before the bodily sample is taken;
(ii) They must provide a photo of themselves.
Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at craddock@craddock.com.au for friendly professional service. Dominic will direct you to an experienced family lawyer who can assist you.