LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Family Law - Proving I'm Not the Father of Unborn Child?

Discussion in 'Family Law Forum' started by Reza, 23 October 2015.

Tags:
  1. Reza

    Reza Member

    Joined:
    23 October 2015
    Messages:
    3
    Likes Received:
    0
    Hi
    I am residence of NSW. I was told by a lady she is pregnant by me, which I am sure is not true. What options do I have to prove that I am not the father under Family Law?

    I just know that the kid hasn't been born yet and she told me she is 3 months pregnant.
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,048
    Likes Received:
    123
    Do not engage with her. Once the child is born she can make a claim through the child support agency. You should call them and seek their advice. Perhaps you could insist on a DNA test once the child is born.
     
  3. Reza

    Reza Member

    Joined:
    23 October 2015
    Messages:
    3
    Likes Received:
    0
    Hi Sammy , thank you for responding. Do you suggest I look for a family lawyer as well, or should I wait and see what happens?

    Thank you!
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    A lawyer will tell you that you are powerless to do much until the child is actually born. If you don't believe you're the father, don't sign the birth certificate. The mother will have to file proceedings with the registry to prove you are the father, in which case you might be subject to a DNA test then, or it may find that you are the father based on a presumption of parentage as follows:
    • where a man was married to the mother and the child was born:
      • during their marriage
      • within 44 weeks of the marriage ending by death or annulment
      • if the couple separated but then lived together again for less than three months and the child was born within 44 weeks after that but after they divorced
    • where a man cohabited with the mother (but they were not married) at any time from 44 to 20 weeks before the child was born.
    • where a man is on the birth certificate as the father or has signed something (such as a statutory declaration) saying he is the father.
    • where a court has made a statement in the past that the man is the father.
    In any case, you don't have to prove you're not the father. She has to prove that you are. Does that make sense?
     
  5. Reza

    Reza Member

    Joined:
    23 October 2015
    Messages:
    3
    Likes Received:
    0
    Well noted. I really appreciate your response and thankful for your time. I am welcome to taking a DNA test, and more than happy to pay for the cost of the test. We didn't even live together.

    We were just friends. I noticed that she has a 6 yrs old girl and hangs around other guys. I decided to step out, respectfully and after 3 months, I got a text from her stating she is pregnant with my child.

    Again, I thank you for your explanation, and all the best.
     

Share This Page

Loading...