Father's Parental Rights
The individual, based in Western Australia, seeks to acquire parental responsibility as a father. He is not listed on the child's birth certificate, but has obtained a positive DNA test affirming paternity. The individual is looking for guidance on how to proceed with establishing his parental rights under these circumstances.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I gain parental responsibility as a father if I am not on the birth certificate but have a positive DNA test?
To gain parental responsibility as a father not listed on the birth certificate, but with a positive DNA test, you may apply to the court for a parental responsibility order. Your DNA test strengthens your application by establishing paternity. Alternatively, if the mother agrees, you both can enter into a parental responsibility agreement, which must be signed and witnessed by a court officer. Additionally, if you marry the child's mother, you automatically gain parental responsibility.
What steps do I need to take to apply for a parental responsibility order?
To apply for a parental responsibility order, you need to complete the relevant application form, which can be found on the appropriate government website. You will submit this form to the Family Court along with any supporting documentation, such as the positive DNA test result. There may be a fee for the application, but you might qualify for a waiver if your income is low. The court will consider the child's welfare when deciding your application.
What are my rights and responsibilities once I obtain parental responsibility?
Once you obtain parental responsibility, you have the right to be involved in major decisions regarding your child, including education, medical treatment, and living arrangements. With these rights come responsibilities, such as providing financial support and ensuring the child's safety and well-being.
If the mother opposes my application for parental responsibility, how might that impact the process?
If the mother opposes your application, the court will assess the child's best interests when making its decision. Factors such as your relationship with the child and your reasons for applying will be evaluated, which may prolong the process.
