The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.1.6.10 Proof of parentage

Acceptable evidence

If an individual is applying for a child support assessment for a child from a previous relationship and none of the presumptions of parentage (1.1.P.110) apply, the individual must supply documentary evidence that the person being asked to pay child support (1.1.C.20) is the child's parent (1.1.P.10).

Acceptable evidence of parentage is:

  • the child's birth certificate naming the other parent
  • a statutory declaration
    • from the person making the application stating that the name of the person being asked to pay child support is recorded as a parent of the child in a register of births, or
    • completed by the person being asked to pay child support stating they are a parent of the child
  • adoption papers stating the name of the person being asked to pay child support and the relationship of that person to the child, or
  • a court ruling on paternity.

Individual is unable to obtain acceptable evidence

If an individual is unable to obtain acceptable evidence of parentage, then Child Support will reject their application. Once notified that their application is unsuccessful, the individual should be referred to Legal Aid or a solicitor for assistance to establish the payer's (1.1.P.72) identity.

Note: Individuals should be advised that if they choose to use a private solicitor they must pay all associated costs, unless any are covered by Legal Aid.

Act reference: CSA Act section 29(2) How decision is to be made

Conflicting information about parentage

Centrelink is not required to make a decision regarding conflicting information about parentage. If there is conflicting information about parentage under:

  • Stage 1, the court makes a decision on who is the parent of the child, or
  • Stage 2, the Child Support Registrar may resolve the conflict.

Example: One person is named on the birth certificate as a parent, but in an application for child support, the birth mother indicates that they were in a relationship with another person at the time of conception.

Where conflicting information about parentage exists, the court or the Child Support Registrar must be told that the individual is applying for child support.

Explanation: If the individual named as the other parent in the child support application is different to the individual named on the child's birth certificate, Child Support must make a decision about the conflicting information. However, if the applicant does not indicate that the other parent is not the individual named on the birth certificate, Child Support will make the decision on the application based on the information in the application.

Where there is documentary evidence that an individual is the other parent of a child, but the child support applicant states that another individual is in fact the other parent, the applicant must provide documentary evidence confirming that the individual they are naming as the other parent is in fact the other parent.

In these cases, and in cases where an individual is named as a parent under the presumption of parentage provisions, but the named individual disputes that they are the other parent, they may lodge an objection with Child Support.

Policy reference: FA Guide 3.1.6.20 Presumption of parentage - Stage 2

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