The Family Law Act 1975 provides that in certain circumstances the law will presume parentage. These presumptions arise as follows:

  • Paternity presumption arising from marriage;
  • Paternity presumption arising from cohabitation;
  • Paternity presumption arising from registration of parentage information i.e. Birth Certificate;
  • Paternity presumption arising from a court finding;
  • Paternity presumption arising from acknowledgement of paternity.

If the fact of parentage becomes an issue, the parties can agree undertake DNA testing or one party can seek a court order.

In applications for declarations that a person should not be assessed to pay child support pursuant to section 107 Child Support (Assessment) Act 1989, DNA testing is regularly ordered at the interim hearing stage.