There are times when situations may arise when an individual has to prove parentage. While the biological mother is easy to determine since the woman gave birth to the child, a father may have to take a paternity test to establish parentage. To prove a biological parent-child relationship, it’s essential to take DNA (deoxyribonucleic acid) testing. However, some countries banned DNA testing.
Before you get a test, check the law for a DNA test in Australia. Legal Paternity Testing is performed for various legal issues under the Family Law Act of 1975.
Read about how a paternity test can be done in Australia and what the law states.
What Is A Paternity Test?
A DNA paternity test is a genetic test that can trace distant relatives, ancestry, or potential health risks. The test compares the data for each individual to find out if there is a DNA match. If there’s a genetic match between the child and the potential parent, they are the child’s biological parent.
DNA test results are almost always accurate, so they are a reliable source of data for health professionals, legal disputes, and any other cases where a DNA match is required. Individuals getting the test done for legal reasons must get the test done in a legal setting to avoid manipulation in the sample.
Usually, a blood or saliva sample is collected from both the parent and the child to perform a paternity test.
Getting a DNA Test in Australia
The first question when you consider getting a DNA test in Australia is whether it is legal or non-legal. There are two situations when a DNA test is required; one where the court orders the test and another where the individual needs it for other reasons.
1. Legal Context
According to Section 69W of the Family Law Act (1975), the court may order parentage testing. As the name implies, this order is used to establish the child’s parentage.
In accordance with family law, paternity tests must be ordered by the court in the following situations:
- A party disputes child support that another party is requesting from them
- The courts require proof of a child’s paternity
- A party seeks to collect child support from a third party
If there’s reasonable doubt over paternity, the court orders the concerned individual to get the test done at an accredited laboratory. After the DNA is collected here, the lab will conduct the test following Family Law Regulations (1984).
2. Non-Legal Context
Non-legal paternity tests are called peace of mind paternity tests in Australia. This test can be done when an individual is curious about the child’s parentage.
This test can be done with self-tested samples or in the absence of an impartial collector. Unlike the court-ordered test, this one does not stick to any rules.
In Need of a DNA Paternity Test?
If you are a father seeking to establish paternity of your biological child, or in some cases, you need to prove that you are not connected to an individual, a DNA paternity test can give you the most accurate results. Establishing paternity is essential in the long run as the father gets the legal paternity rights.
Ensure you get the test from a reputed laboratory. Most reputed labs take care of all the legal documents required for the testing.