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Proof of parentage

Sometimes there is disagreement as to who is the father of the child. The law says that a person is the biological father of the child if:

  • the person is named as the father on the birth certificate or adoption certificate
  • the person signs a statutory declaration (a legal document) saying he is the father
  • the children were born during the marriage or period of living together
  • the children were born within 44 to 20 weeks of a period of living together or within 44 weeks of your final separation
  • the court makes an order or finding that a person is the father of the children.

Parentage can also be proved or disproved with other evidence. This evidence is usually provided by DNA testing.

DNA testing involves comparing a sample (usually a mouth swab) from each parent and from the children. Testing can be done voluntarily, or can be ordered by a court.

Testing for legal purposes must be done by organisations accredited under the Family Law Act 1975 (Commonwealth).

If the court orders a test and a person refuses to participate, the court may still make a decision based on the evidence it has before it. The person may be ‘declared’ (named) the father by the court.

It is important to get legal advice if there are disagreements about who is the father. Delaying making an application could have serious consequences for your case.

More information

Child support and child maintenance

Related publications

Child support and parentage testing

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA's Roundtable Dispute Management service has trained dispute resolution practitioners. The service can help people reach agreements together about the children. See Resolving family disputes.

VLA’s other free legal services include:

  • free contravention workshops about how to prepare a contravention application and represent yourself if your former partner breaching (disobeying) court orders
  • legal advice at VLA offices and other locations across Victoria – see Child support legal services
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help

Some community legal centre (CLC) have specialist child support services. Most CLC services are free. See the Community Law website for more information and CLC contact details.