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I'm Not the Father - DNA Testing to Prove It?

Discussion in 'Family Law Forum' started by Buffy.g, 16 July 2014.

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  1. Buffy.g

    Buffy.g Member

    16 July 2014
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    My girlfriend & I broke up after 3 yrs together. We were separated for 2 months, we slept together once in the separation & she fell pregnant (she swore to me she never slept with anyone else). So I did the right thing and renewed our relationship. A year after my child was born, we separated and I later found out she was cheating on me. I wanted to know 100% if this baby I loved and taken care of every weekend was truly mine. I did an online DNA test with my child (the mother has no idea). I received the results today confirming that there is 0% chance that I am the father.

    Now we have a mutual child support maintenance agreement, but would like to know where I stand.
    I've yet to speak to her, but I want my name taken off the birth certificate (do we have to go to court for that)? And she is going to deny the truth & say I am lying. This DNA test does not hold up in court. So should I tell her if she thinks the test is wrong then she needs to do the next DNA testing? (As its $300+).
  2. CathL

    CathL Well-Known Member

    19 April 2014
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    Hi @Buffy.g
    Have a look at this previous LawAnswers Family Law Forum post "Children Custody and Paternity Testing". My understanding is that there's a presumption that you're the father because you're named on the birth certificate, but that can be rebutted by an official paternity DNA test (plus the additional evidence you've suggested).

    Which State/territory are you in? I've found some further information that might help depending on what state you're in.

    For example, the "Amend birth details" page for Births Deaths and Marriages in Victoria sets out the steps for removing a father's details from a birth certificate:
    The Registry can remove the registered father’s details from the register if he is not the biological father on the basis of conclusive evidence clarifying the paternity. Consideration will be given to your request upon receipt of the following:
    1. A statutory declaration by each applicant setting out the reasons why the registered father was recorded as the child’s father at the time of the birth registration
    2. One of the following documents:
    2.1. DNA based parentage testing carried out by a laboratory authorised under the National Association of Testing Authorities (NATA) in accordance with the Family Law Act 1975, or
    2.2 A court order declaring the identity of the child’s biological father, or 2.3 A court order declaring that the registered father is not the biological father of the child.
    rebeccag and Worldly1 like this.

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