Paternity
Overview
Gendered language in the law
When possible we like to use non-gendered language to honour non-binary communities. However, it can be tricky to do this when the words in the law don’t reflect gender diversity (and can quite often feel outdated).
In this section we use the same language as in the legislation but acknowledge that it doesn’t represent all the types of parenting relationships in our communities today.
What is paternity?
Paternity is a word for fatherhood of a child. It can be very important when:
- a parent wants to prove that a man is or is not the father of a child
- a parent applies for a Parenting Order for care of children
- a mother applies for child support from the father
- a mother applies for a benefit to support herself and the child
- a child claims inheritance and property rights from someone they believe to be their father
- a person claims citizenship based on their father’s citizenship.
Proving paternity for the Sole Parent Support benefit
Social Security Act 2018, ss 192–194 (repealed)
In the past, women applying for the benefit Sole Parent Support (or the previous Domestic Purposes Benefit – “DPB”) had often needed to name the father of their child. Work and Income had the power to decrease the amount of their benefit if they refused to name the father. On 1 April 2020 the law changed, so that Work and Income no longer have this power.
See “Types of benefits” in the chapter “Dealing with Work and Income”
