Prove paternity

Paternity is the legal word for fatherhood. If there’s a disagreement about whether a man is the father of a child, the Family Court can help decide who is the father.

There are 2 ways the court can do this:

  • a mother can ask the court to make a Paternity Order to say that a man is her child’s father
  • a person can ask the court to make a Declaration of Paternity to declare that a man is (or is not) a child’s father

When a man is legally declared a child’s father, he can apply for guardianship of the child and to have contact with the child. He may also have to pay child support, or have other responsibilities to the child.

Generally a man is considered a child’s father if:

  • the child was born while he was married to the child’s mother, or up until 10 months after they divorced (this presumption of fatherhood can be disputed in court)
  • he’s named on the birth certificate (this presumption of fatherhood can be disputed in court)
  • he and the mother signed a Deed of Acknowledgement of Paternity in front of a solicitor
  • the court says he is.

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