Family law

Parentage & paternity in Victoria.

Parentage decides who has parental responsibility, who can be assessed for child support and who a child can inherit from. CMK Legal in Richmond can assist with presumptions of parentage, DNA testing orders and declarations of parentage for parents, donors and carers across Melbourne, resolving matters by agreement where the facts allow.

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Advice from a lawyer

Advice on presumptions, testing and the consequences of each path.

Realistic timeframes

Testing applications prepared promptly where child support or parenting depends on it.

Costs explained up front

Fixed fee for advice, with fees explained for any application.

Family Law Act & Victorian courts

Family Law Act 1975 sections 60H, 69P to 69VA and 69W, and Victorian surrogacy law.

How parentage is established.

The Family Law Act 1975 sets out a series of presumptions. A child born to a woman during a marriage is presumed to be a child of that marriage. A person named on the birth certificate is presumed to be a parent. Cohabitation, acknowledgement in a signed document and earlier court findings all create presumptions as well. These presumptions can be rebutted on the balance of probabilities.

Where parentage is genuinely in question, the court can make an order under section 69W for parentage testing, a DNA test carried out by an accredited laboratory using a prescribed procedure. The court can draw an inference from a refusal to participate. A declaration of parentage under section 69VA then settles the question for all purposes, including child support.

Assisted reproduction and surrogacy have their own rules. Under section 60H, the consenting partner of a woman who conceives through an artificial conception procedure is a parent, and a sperm donor in that situation generally is not. In Victoria, surrogacy arrangements are non-commercial and a substitute parentage order must be sought from the County or Supreme Court after the birth.

Parentage and parental responsibility are different from who a child spends time with. A person who is not a legal parent, such as a step-parent, grandparent or carer, can still apply for parenting orders if they are concerned with the care, welfare and development of the child.

How we help with parentage.

Work out which presumption applies

Birth certificate, marriage, cohabitation or acknowledgement. Often the answer is clear on the documents and no application is needed at all.

Parentage testing orders

Where testing is required, we help prepare the application, arrange an accredited laboratory and make sure the procedure meets the regulations so the result is admissible.

Declarations and child support consequences

A declaration under section 69VA resolves the question for child support as well, whether you are seeking an assessment or disputing one already issued.

Donors, carers and surrogacy

Advice for known donors, non-biological parents, step-parents and intended parents on status, parental responsibility and substitute parentage orders.

Talk to us if.

  • You are not named on the birth certificate but believe you are the father
  • You have been assessed for child support and dispute parentage
  • You want a DNA test but the other parent will not agree
  • You conceived through a known donor and want the status clarified
  • You are the non-biological parent in a same-sex relationship
  • You are entering or completing a surrogacy arrangement in Victoria
  • You are a step-parent or grandparent seeking parenting orders
  • Parentage affects a will, an estate claim or a superannuation death benefit

Bring the birth certificate and any relevant clinic, donor or hospital documents. They usually determine which presumption applies before any testing is considered.

How a parentage matter runs.

  1. 01

    Advice on status

    We review the documents, identify the applicable presumptions and advise whether an application is needed.

  2. 02

    Attempt agreement

    Many matters resolve with a consensual DNA test and an agreed correction to the birth registration.

  3. 03

    Testing application

    Where consent is refused, we can apply for a parentage testing order and arrange accredited testing.

  4. 04

    Declaration

    A declaration of parentage sought so the position is settled for parenting, child support and inheritance.

  5. 05

    Flow-on steps

    Birth registration amended, child support assessment corrected and parenting arrangements documented.

Transparent fees.

Initial advice on parentage and the available options is a fixed fee. Applications for parentage testing or a declaration are estimated in writing before filing. Laboratory testing costs are paid directly to the accredited provider and disclosed separately, as are court filing fees.

Request a fixed-fee quote

FAQs

Parentage & paternity FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Can I make the other parent take a DNA test?
You cannot compel a test privately, but you can apply to the court for a parentage testing order under section 69W. If a party refuses to comply with the order, the court may draw an inference against them, which in practice is a strong incentive to participate.
I am not on the birth certificate. Am I still a parent?
Possibly. The birth certificate creates a presumption but is not conclusive. Cohabitation with the mother during the relevant period, or an acknowledgement of parentage in a signed instrument, can also create a presumption, and testing can establish the position where it is disputed.
Is a sperm donor a legal parent?
Generally not where the child was conceived through an artificial conception procedure while the mother had a consenting partner. Section 60H makes the consenting partner the parent. Informal arrangements outside a clinic are more complicated and the outcome depends on the facts.
How does parentage affect child support?
Only a parent can be assessed for child support. If you dispute parentage after an assessment has been issued, you need a declaration from the court under the Child Support (Assessment) Act 1989. Payments generally continue until the declaration is made, so act promptly.
How does surrogacy work in Victoria?
Only altruistic surrogacy is lawful. The arrangement must be approved beforehand and, after the birth, the intended parents apply to the County or Supreme Court for a substitute parentage order transferring legal parentage. The birth registration is then amended.
Can a non-parent apply for parenting orders?
Yes. Grandparents, step-parents and other people concerned with the care, welfare and development of a child can apply. Parentage is not a precondition for spending time with a child, though it does affect parental responsibility and child support.

Related services.

Children's arrangements

Parenting plans and orders focused on stability for the children.

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Child support

Assessments, departures, binding agreements and enforcement through Services Australia.

Learn more

Consent orders

Your agreement formalised through the court so it is final and enforceable.

Learn more

Get parentage settled properly.

Tell us what has happened and what you need to work out. Start online in a few minutes, or book a consultation and speak to a family lawyer the same business day.

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