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VIC How to Prove Parentage of Newborn Under Family Law Act?

Discussion in 'Family Law Forum' started by ~*•arian_angel•*~, 1 June 2016.

  1. ~*•arian_angel•*~

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    Hi there,

    Hi there I have a question regarding the family law act.

    What happens when you can't register a new birth to get a birth certificate for your child because the mother died during childbirth and didn't elect who the father was? Despite me telling Births, Deaths, Marriages Victoria that I am the father, they are still refusing to accept my declaration and are withholding the registration. What are the processes involved?

    What sections of the family law act could I use to prove my parentage (without having to put my child through a dna testing)?

    I am at my wits end.

    Please help!
     
  2. AllForHer

    AllForHer Well-Known Member

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    Were you married, living together or in a relationship at the time of the child's conception or birth?
     
  3. Tim W

    Tim W Lawyer

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    First things first - are you the biological father, or not?

    Next question - was the child born alive?
    (stillbirths and late term miscarriages work slightly differently to live births)

    And, was the mother alive at the time of birth?
    (that is, she was not, for example, brain dead and on machines, with the child being born surgically?)

    Further...
    What does the hospital paperwork say about who the father is?

    Finally, if alive, where is the child now?

    So far as it involves registration of the birth, the Family Law Act 1975 is not in play
    (it applies in some respects to parentage, but not to registration of births).
     
  4. ~*•arian_angel•*~

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    Hi Tim,

    Friend's inquiry.

    Yes he is the biological dad. He and the mum were living together in an exclusive relationship. Child is almost 2 years old in the care of dad.

    Mum died on the operating table during birth and was unable to be resuscitated and hospital documents as far as I know are blank where dad is concerned. This is why he is having so much trouble.
     
  5. ~*•arian_angel•*~

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    In a relationship and living together
     

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