What is paternity?
The father of my daughter won't have anything to do with her, or give me any financial help. What support can I get from him?
What is a paternity order, and how do I apply for one?
How can I prove the paternity of my son?
How does the Court establish paternity?
Who pays for DNA testing?
I’ve been told I’m a child’s father. Can I be forced to give a DNA sample in a paternity case?
What rights do I have if a woman is pregnant with my child and I want her to have a termination?
What is paternity?
Paternity is the legal word for fatherhood. Establishing paternity can be important because it can affect the wellbeing of a child, as well as the legal rights and responsibilities of the parents. Establishing paternity might be important for:
- A father’s entitlement to day-to-day care of, or access to, a child
- A mother’s entitlement to receive the full Domestic Purposes Benefit (DPB)
- A father’s responsibility for paying Child Support
- A child’s right to New Zealand citizenship
The father of my daughter won't have anything to do with her, or give me any financial help. What support can I get from him?
Even if a child’s father is not taking an interest in them, they still have a legal responsibility to support them. If the problem is that they do not believe they are the child’s father, you can apply for a paternity order (see below).
You can prove paternity in a number of ways (see below). If the father of your daughter refuses to accept responsibility for her, you can take him to court to prove that he is the father. If someone is legally found to be the father, they have to pay child support.
What is a paternity order, and how do I apply for one?
A Paternity Order is a Court declaration establishing who the father of a child is. The Family Court deals with paternity cases. If a child is under 16, anyone who has the role of caring for them can apply for a Paternity Order. A Paternity Order might be applied for by a legal parent, an adoptive parent, a foster parent, or the child could give consent for a social worker to make an application. Applying for a Paternity Order is a complicated process. If you are making an application, you should seek legal assistance.
Usually, you have to apply for a Paternity Order before the child is six years old, but you might be able to make a late submission if the man you think is the father:;
- admits he is the child’s father, or
- within two years before you make an application, he lives with you in a de facto relationship and/or contributes to your child’s upbringing
Application forms for a paternity order are available on the Family Court website. More information on paternity is in a Ministry of Justice Paternity pamphlet.
How can I prove the paternity of my son?
Paternity can be established:
- If a man is named on the child’s birth certificate as the father of the child
- If the man legally presumed to be the father of a child was married to the child’s mother at the time of the birth, or if the child was born within 10 months of the marriage ending
- If a man signs an Acknowledgment of Paternity, which is also signed by the mother and is witnessed by a lawyer
- If a Court makes a Paternity Order or a Declaration of Paternity stating that a man is the father of a child
More information is in a Ministry of Justice Paternity pamphlet.
Legal aid is available for claimants and defendants in all Family Court cases apart from dissolution of marriage. For more information, see our Legal Services section.
How does the Court establish paternity?
The Court will look at things like:
- The history of the mother’s relationship with the alleged father
- The likely dates of sex with the alleged father compared with the date of the baby’s birth
- Whether or not the mother had other sexual partners around the time of the baby’s conception
- Whether the alleged father admitted or acknowledged paternity
- DNA tests
To help establish paternity, the Court might order parentage tests. Both the mother and the man who is alleged to be the father have the right to request a parentage test, and the man has the right to refuse the test. Parentage tests can involve taking DNA samples from inside the mouth or DNA blood samples from both the man and child. The DNA collected from the samples will be compared to see if there is a match.
Who pays for DNA testing?
Usually the costs of DNA testing are shared between the mother and the alleged father. If paternity is established, the mother can get her lawyer to argue for the full cost to be paid by the father.
Legal aid may be available to help cover the costs of DNA testing.
I’ve been told I’m a child’s father. Can I be forced to give a DNA sample in a paternity case?
While you can refuse to have the test, the Court can take your refusal into account when they decide on the final outcome. The Court will debate whether you’re refusing because you’re likely to be the father, and you don’t want legal proof of it. The Court can make a Paternity Order even if you refuse testing if other evidence suggests that you are likely to be the father.
What rights do I have if a woman is pregnant with my child and I want her to have a termination?
This is a very difficult situation. Even though you may not want the child you will still have responsibilities as the father if and when the child is born. You have the right to talk to the woman, and explain your position, but no-one can be forced to have an abortion at any age. She doesn’t have to get consent from her parents or the father of her child, no matter how young she is. If you are not certain you are the father, the Family Court website has more information on establishing paternity.
You can also contact your nearest Family Court office or see the Family Law section of the Law Society website.
For more advice, contact your local Citizens Advice Bureau.