Disputes as to who the father of a child is can arise, for example, because a partner has been told they are not the father, or alternatively, a biological father denies this to be the case.
In the event of a dispute, either parent has the option to make an application to the Federal and Family Court of Australia to obtain an order for a DNA test in conjunction with a parenting order.
If the DNA test confirms the biological father, as a parent, they will have specific rights and responsibilities when it comes to their children, such as an obligation to financially support their child.
On the other hand, if the DNA test confirms an individual is not the father of the child in question, they still have the ability to make an application to the Court for an order to spend time with the child. The Family Law Act provides that any person ‘concerned with the care, welfare or development of a child’ may make an application for a parenting order.
If a child is conceived consensually within a relationship by artificial insemination, there is a presumption of parentage.
In same-sex relationships involving a donor, parenting rights may apply to them too.
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