Back to Australia Paternity Fraud
The Law on Paternity
The law on establishing Paternity is currently under review by the Government. There are three different procedures available for establishing Paternity: the Family Law Act 1986, the Child Support Act 1991, and the Family Law Reform Act 1987 (not yet implemented).
(NOTE: If the child was conceived using assisted conception methods under the auspices of the Human Fertilisation and Embryology Authority then different procedures may apply.)
FNF firmly believes that it is a fundamental right of a child to know his or her true parentage, and that it is in the best interests of the child that the truth is determined where any dispute arises.
The standard of proof required for a 'declaration of parentage' under section 27 of the Child Support Act 1991 is 'the balance of probabilities'. FNF considers this to be unacceptably low. We support the introduction of a unified procedure for establishing paternity using DNA testing of blood samples, carried out by accredited laboratories. Any finding should be valid for other purposes (which a finding under the Child Support Act is not).
A declaration of paternity that is valid for all purposes can be obtained from the High Court under section 56 of the Family Law Act 1986. When such a declaration is made, the court notifies the Registrar General, who has a 'discretion' under the Births and Deaths Registration Act 1953 section 14A to authorise the issue of an amended birth certificate (which neither parent signs).
It is quite common for a mother to react to an application for Contact, Residence or Parental Responsibility by denying that the applicant is the father of the child. In these cases the father can ask the court to order that a blood sample be taken from the child for DNA testing, but following a High Court ruling on Blood Tests in January 2000 the mother can refuse to comply.
There is a legal presumption that a child born to a married mother is a child of the marriage. The husband, who may not be the father, has legal Parental Responsibility and is presumed responsible. The courts have been known to order that child maintenance be paid by the husband even though DNA testing has proved he is not the biological father of the child.
Though results not accepted by the UK courts, there are many DNA testing laboratories in the U.S.A. which offer a commercial service to the public. All that is required is a sample of saliva from the father and the child (there is no need for a sample to be taken from the mother).
A laboratory that does offer a DNA paternity testing service in the UK is Cellmark Diagnostics. They have told FNF that their key staff are appointed by the Lord Chancellor and that their results are accepted by UK courts. FNF cannot confirm this claim.
Read the Government Consultation Paper on Paternity and Parental Responsibility.
Read the FNF Response to the Consultation Paper (April 1998).