Paternity and parentage lawyers in South Australia

Understanding paternity and parentage under Australian family law

Under Australian family law, paternity refers to a child’s biological parentage, while parentage also involves legal recognition of a parent-child relationship. Although these concepts are closely related, they are not always the same.

For example, a person may be presumed to be a parent under the law even where biological parentage is disputed. Therefore, understanding how family law defines parentage is essential before taking any steps. Clear advice helps prevent assumptions that may later complicate proceedings.

You can explore our full range of family law services to understand how different issues may be addressed together.

When paternity or parentage issues arise

Paternity or parentage issues may arise in various circumstances. For instance, disputes may occur where a child’s biological parentage is questioned, where multiple parties assert parental status, or where a parent seeks formal legal recognition.

Additionally, parentage issues can arise following separation, during child support proceedings, or when parenting arrangements are being established. Consequently, these matters often require careful coordination with other family law issues to ensure consistency and clarity.

Presumptions of parentage

Australian family law includes certain presumptions about parentage. For example, a person may be presumed to be a parent if they were married or in a de facto relationship with the child’s mother at the time of birth or if they are listed on the birth certificate.

However, these presumptions can be challenged in certain circumstances. Therefore, understanding whether a presumption applies — and whether it can be rebutted — is an important step. We assist clients in assessing how presumptions affect their legal position.

Paternity testing and legal considerations

In some cases, paternity testing may be considered to determine biological parentage. However, testing alone does not automatically resolve legal parentage issues. Instead, test results may form part of a broader legal process.

Accordingly, it is important to approach paternity testing carefully and with appropriate legal guidance. We help clients understand when testing may be relevant and how results may be used within family law proceedings.

Parentage disputes and family law proceedings

Where parentage is disputed, formal family law proceedings may be required to resolve the issue. These proceedings focus on evidence, legal presumptions, and the circumstances of the child’s conception and birth.

Although these matters can be sensitive, resolving parentage disputes provides certainty for all parties involved. Importantly, clarity around parentage supports informed decisions about parenting arrangements, child support, and long-term responsibilities. In some parenting proceedings, the court may appoint an Independent Children’s Lawyer (ICL).

Parentage and parenting arrangements

Parentage directly affects parenting arrangements. Once legal parentage is established, parents may seek orders relating to care, time, and decision-making for a child.

Therefore, resolving parentage issues early helps avoid delays and uncertainty when addressing parenting matters. We assist clients in understanding how parentage findings influence parenting arrangements and future obligations.

Parentage and child support

Parentage also plays a critical role in child support obligations. In most cases, child support liability depends on legal parentage rather than biological assumptions alone.

Consequently, unresolved parentage issues can complicate child support arrangements. By addressing parentage clearly, clients reduce the risk of ongoing disputes and ensure financial arrangements align with legal responsibilities.

Time, evidence, and procedural considerations

Parentage matters often involve strict procedural requirements and evidentiary considerations. Therefore, careful preparation is essential.

We assist clients by identifying relevant information, explaining procedural steps, and ensuring matters progress efficiently. As a result, clients are better equipped to navigate what can otherwise be a complex process.

How Awkar & Co can assist with paternity and parentage matters

We assist clients with a wide range of paternity and parentage issues, including:

• Advice on paternity and parentage rights

• Presumptions of parentage and legal recognition

• Parentage disputes and proceedings

• Interaction between parentage, parenting, and child support

• Guidance on procedural and evidentiary requirements

Because family law is our only focus, our advice reflects both legal principles and practical realities. Importantly, we tailor guidance to each client’s circumstances rather than applying assumptions.

A personalised approach to sensitive family law matters

At Awkar & Co, paternity and parentage matters are handled by a small, dedicated team. Consequently, clients benefit from consistent communication, discretion, and clear advice throughout the process.

Based in Norwood, we assist clients across South Australia and offer remote consultations where appropriate. Ultimately, our goal is to provide clarity, certainty, and legally sound outcomes.

Speak with a paternity lawyer in Norwood

If you need advice about paternity or parentage under Australian family law, contact Awkar & Co to request a confidential appointment. We will help you understand your position and identify appropriate next steps.

Phone: (08) 8263 2444
Email: office@awkarco.com.au