For both children and parents, establishing who the father is, has significant emotional, legal and financial consequences.
The reasons why mothers, and sometimes their children, want to establish paternity are varied. Reasons can range from a mother wanting legal recognition of her child’s father so she may claim child support or so she can receive her full entitlement under the Domestic Purposes Benefit, to a child wanting their paternity decided in order to claim a share of an estate. Men sometimes want to ensure that they are in fact the father of a child for whom they have been paying child support.
There are two main types of court applications used to determine paternity:
1. An Application for a Paternity Order under the Family Proceedings Act 1980, and
2. An Application for a Declaration of Paternity under the Status of Children Act 1969.
A Paternity Order is generally only available for children under the age of six years unless, at any time, the man has admitted expressly, or implied, that he is the father. Therefore, where a child is six years or older, their application is usually filed under the Status of Children Act. Fathers can apply for a Declaration of Paternity; they’re unable to make an application for Paternity Order under the Family Proceedings Act.
Generally, a man is legally presumed to be the father of a child if:
• He’s married to the child’s mother at the time the child is born or if the child is born within 10 months of the marriage ending, or
• He’s named as the child’s father on the birth certificate.
Acknowledging paternity
There are various methods available to resolve an issue of paternity:
• The father can sign a Deed of Acknowledgment of Paternity; this will confirm that he is the father of a child. The child’s mother also needs to sign this form. It’s important the Deed is correctly prepared, signed and witnessed
• A father can sign a form requesting that the Registrar of Births, Deaths and Marriages record him as the child’s father on the birth certificate (assuming no one else is named on the certificate as the father). The child’s mother also needs to sign this form, or
• An application can be made by an eligible person to the Family Court for either a Paternity Order or a Declaration of Paternity.
The court also has the ability to make a declaration of non-paternity.
DNA testing
A DNA test can be performed to determine whether a man is the father of a child. Parents may consent to undertake these tests themselves. If there’s a dispute the court can recommend the test be done once a paternity application has been filed. The test is simple and reliable, and Legal Aid may be available.
The parties to paternity proceedings aren’t required to provide a sample for a DNA testing. If they refuse, however, the court can take this into account and may make a finding against them.
All children have the right to know their family identity, and to enjoy the emotional and financial support of both parents. Professional help is invaluable in guiding you through this process.
