AUSTRALIAN PATERNITY LAW

Paternity suits are launched when a man denies paternity - being the father - of a child born out of wedlock.

New technology (DNA testing) can establish paternity thus obliging the father to provide child support. As the number of children being born outside of marriage increases, the legal issue of paternity is becoming more common within the Family Court system.

Often times the legally recognized father is not the biological father. Most States categorize fathers as:

Acknowledged father: An acknowledged father is an unmarried man who has admitted to being the child's father. An acknowledged father must pay child support.

Presumed father: A presumed father is a married man who was married to the mother when the child was conceived or born; or legally agreed to be the father of his wife's child; or has acted and behaved as if the child was his own. A presumed father must also pay child support.

Unwed father: An unwed father is an unmarried man who has a child with a woman. The unwed father must pay child support if a court finds that he is the biological or acknowledged father. Unwed fathers who pay child support may also have visitation rights with the child.

Stepfather: A stepfather is a man who marries a woman who had a child with another man. Stepfathers have no duty to support the child. However, a stepfather can adopt the stepchild with the stepchild's biological or acknowledged father's consent. If a stepfather legally adopts his stepchild, then he must pay to support the child.

CHILD SUPPORT

When a single mother’s financial situation makes it difficult for her to properly care for her child, monetary assistance from the father may be required. But disputes sometimes arise when the father doesn’t believe he is the father or is unwilling to assist even if he knows that he is.

To get child support you first must prove that the man is the legal father of the child. To do this, you must go to court and ask a judge to subject the man to a paternity test.

DNA testing can determine the biological parentage of the father, leading the way for a paternity suit - the mother seeking child support from the father through the courts.

When the mother is receiving public assistance from the State, the State itself may bring legal action against the father for child support to offset their payments.