Paternity
Paternity order
What is a Paternity Order?
Family Proceedings Act 1980, s 51
A Paternity Order is an order made by the Family Court declaring that a man is, or is not, the father of a child. Paternity orders are considered “conclusive” evidence of paternity. This means they basically can’t be challenged (for example, you could not challenge a Paternity Order to apply for child support from someone else).
Who can apply for a Paternity Order?
Family Proceedings Act 1980, s 47(1)
The following people can apply to the Family Court for a Paternity Order:
- the mother of a child
- a social worker acting with the written consent of the mother of a child
- if the mother of a child is under 16 years of age, by someone who has custody of the mother or takes day-to-day care of her
- if the mother has died, abandoned the child or is unable to make an application, by:
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- a parent of the mother,
- a guardian of the child,
- a social worker, or
- anyone else who is granted leave by the court.
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Who can a Paternity Order be made against?
Family Proceedings Act 1980, s 47(2)
An application for a Paternity Order can only be made against a man who:
- is not and has never been married to, or in a civil union with, the mother of the child, or
- has been married to, or in a civil union with, the mother of the child, but this relationship stopped before the woman became pregnant (conception of the child).
Time limits for applying for a Paternity Order
Family Proceedings Act 1980, s 49
Applications for Paternity Orders can be made up to the child’s sixth birthday. A later application can be made:
- if, at any time before the application is made, the man has admitted he is the child’s father, or
- if, within the two years before the application is made, the man has either:
- lived with the mother as if he were her husband or civil union partner, or
- contributed towards the maintenance of the child (this can include financial support or gifts).
Can the court make an order declaring that a man is not the child’s father?
Family Proceedings Act 1980, s 51
Yes. If the court is satisfied that a man is not the father of the child, it can make an order declaring that he is not the father of the child. The court can do this on its own initiative or if it is asked to do so by one of the parties to the case.
