Paternity

In Australian family law, the term "parent" encompasses not only biological and adoptive parents but also extends to encompass other individuals defined as parents under legislation governing artificial conception procedures or surrogacy arrangements.

Presumptions of parentage may be applied, particularly for child support purposes. For instance, a person is presumed to be a parent if they are named as such on the child's birth or adoption certificate, if they sign a statutory declaration affirming their parentage, if the child is born to a married couple, or if a court makes an order or finding identifying them as a parent. It is important to note however, that these presumptions can be challenged with contrary evidence.

The Federal Circuit and Family Court of Australia may order parentage testing by an accredited authority if there is evidence suggesting uncertainty about a child’s paternity. However, mere doubts about paternity are insufficient and the child's best interests must also be considered in determining how to advance these types of matters. If a person refuses a court-ordered DNA test, the court may make a determination based on other available evidence.

PATERNITY AND CHILD SUPPORT

The Child Support Registrar lacks authority to determine parentage conclusively, including through paternity tests, but can decide on child support assessments based on available presumptions and information. Only a court can make a determination regarding parentage, usually with the aid of DNA testing procedures.

If someone is deemed not to be a parent, child support payments made on behalf of the child may be recoverable. Despite not being recognized as a parent, an individual may still seek parenting orders to continue a relationship with the child, with the court prioritizing the child's best interests when determining such matters.