Family Law Library

What happens if there is a paternity dispute?

Parentage will be presumed if:

  • the child was born during a marriage,
  • the parents lived together for a certain time before the child was born (if this applies to you, it is important to get legal advice),
  • a person is named as a parent during court action or on a birth certificate,
  • a person has signed an ‘acknowledgment of paternity’ or
  • a person has adopted the child.

Parentage can be proved in three ways:

  • a statutory declaration can be signed agreeing paternity,
  • the Registry of Births, Deaths and Marriages can be informed by the parents that their names should be on the birth certificate or
  • a Court can make an order to allow for a Child Support Assessment to be made because a person is a parent of the child.