Custody of Children and Paternity Testing

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


13 June 2014

I've been looking everywhere for relevant information on the internet but it is very difficult to find as it is a very specific question. It would be very greatly appreciated if you could help me.

My partner was with his ex girlfriend for approx 3 years. While they were together they conceived a child, although when she was pregnant they split and she denied that the child was his, and she now has her new boyfriend's name on the child's birth certificate. Neither the mother or the new boyfriend would give permission for my partner to take a paternity DNA testing to see if the child actually is his (because he obviously wants custody). Anyway my question is, would he need consent from both the mother and the new boyfriend? As he is on the birth certificate? Also the mother doesn't have custody of the child only access on one day a week. Therefore my partner's child is living with the man who is on his birth certificate.

Pleeeease help if you can :)
Thank you


For now, your partner's ex and her partner who are named on the birth certificate, will be presumed to be the parents of the child, so you will need to obtain both of their consent in order to perform DNA testing on the child. If you cannot obtain their consent for DNA testing to confirm the paternity of the child, you will need to apply to a court to compel the other person to undertake DNA testing. Your partner would likely have grounds to seek DNA testing as he is claiming to be the biological parent of a child.

It is actually a relatively common situation whereby a purported father is seeking to spend time with a child but the other parent claims the male is not the biological parent.

To successfully gain an court order compelling a person to undertake DNA testing you will need to establish that:
  1. There is a reasonable excuse why a person is not likely to be a parent of a child - i.e. demonstrate that your partner was on the scene around the time of conception.
  2. Independent evidence to support this claim.
Hope that helps.