An easy legal guide to parentage / paternity test laws in Australia

Paternity testing is a process used in family law to establish the biological relationships between a child and their parents. While often referred to as paternity testing, parentage testing is more comprehensive, including both maternal and paternal assessments.

By Emily Grundy-Hyam, Lawyer at Watts McCray.

In this article, we’ll explore:

1. The types of parentage tests recognised in Australia.
2. The accredited laboratories that perform these tests.
3. The circumstances under which courts can order parentage tests.
4. The specific legal directives that accompany testing orders.
5. The potential outcomes once test results are obtained.
6. How we can help you.

In this article, we’ll offer a clear overview of the legal framework and procedures involved in parentage testing, paternity test laws, court ordered paternity tests and a general overview of how to get a paternity test in Australia.

Types of paternity tests

Parentage testing procedures ordered under Section 69W(1) of the Family Law Act must comply with Regulation 21B and C of the Family Law Regulations 1984. These procedures include:

1. Red cell antigen blood grouping;
2. Red cell enzyme blood grouping;
3. HLA tissue typing;
4. Testing for serum markers; and
5. DNA typing.

Parenting Testing Laboratories accredited under the Family Law Regulations

According to the Family Law Regulations, parentage testing must be conducted by laboratories accredited by the National Association of Testing Authorities (NATA). As of 26 February 2024, the accredited laboratories are:

New South Wales

• DNALabs: Suite 1/14 Giffnock Avenue, Macquarie Park NSW 2113.
• Forensic and Analytical Science Service: Joseph Street and Weeroona Road, Lidcombe NSW 2141.

Victoria

• Absolute Genetics DNA Solutions: 4 Eastgate Court, Wantirna VIC 3152.
• Genomic Diagnostics: 460 Lower Heidelberg Road, Heidelberg VIC 3084.

Queensland

• Genomics for Life: Unit 1, 49 Butterfield Street, Herston QLD 4006.
• Identilab Pty Ltd: 2728 Logan Road, Eight Mile Plains QLD 4113.

When can a court order a parentage test?

The Federal Circuit and Family Court of Australia can order a paternity test under Section 69W of the Family Law Act if:

1. There is evidence that casts doubt on the parentage of a child;
2. There are ongoing proceedings in the Federal Circuit and Family Court of Australia; and
3. The sample for testing is obtained from bodily samples of a living person, not human remains.

Such orders can be made at the request of a party, a representative of the child, or by the court on its own initiative. The Court prioritises the best interests of the child when considering these orders and can’t base the decision solely on one parent’s doubts.

What orders can the court make?

Under Section 69X, the court can issue specific directions to ensure effective testing, including:

1. Parameters for conducting the testing;
2. Parameters to ensure reliability of testing;
3. Orders to submit to medical procedures;
4. Orders to provide a bodily sample; and
5. Requests for information relevant to a person’s medical or family history.

The court can also determine who is responsible for the costs of testing.

Who can be required to complete testing?

Parentage testing is not limited to the father or potential father of a child. Those who may be ordered to complete testing include:

• Parties to the proceedings;
• The child;
• The mother;
• Any other person who may assist in determining the child’s parentage;
• Potential father; and
• Relative of the child (including sibling or grandparent).

What happens if results of the test are positive?

If the results of a parentage test are positive, the court can issue a declaration under Section 69A, establishing conclusive evidence of parentage for all Commonwealth Law purposes, including child support related issues.

How can we help you?

Being a parent is one of life’s greatest privileges and responsibilities. If you need help with learning how to get a paternity testing in Australia and the legalities around it or are facing challenges in getting someone else to agree to testing, we are here to help.

Request a call back via the form below from our supportive team.