legal process for DNA paternity testing

We sometimes get asked by our family law clients whether it is possible to obtain a parentage test where the paternity of a child is “in issue” or “in doubt”. The Courts are often quite reluctant to make an order for parentage testing unless you can provide some clear evidence which places your parentage of the child “in issue” or “in doubt”.

The law presumes in the first instance that you are a parent of the child if you and the mother are married, cohabiting, have registered the birth of the child stipulating both parties as the parents or if you have signed an acknowledgement of paternity.

It is possible for the court to require a parentage testing procedure to be carried out for the purpose of obtaining information to assist in determining the parentage of the child and to seek to vary the presumption of parentage.

The Court however requires there must be enough evidence which places the paternity of the child in doubt, before it can embark upon the process of subjecting the child to procedures for paternity testing.

The Court will only make such an order if you are able to demonstrate via evidence before the Court that you have an honest, bona fide and reasonable doubt that the child is your own.

At Affinitas Legal we can provide you with legal advice in the area of parentage testing and to assess the prospects of your proposed application based on the evidence you provide to us.  For more information on financial agreements, please contact our team of Perth Family Lawyers on 08 6243 7544 for an obligation free estimate.

Author – Kyran Borges Nunes



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