HOW TO PROVE THAT YOUR EX PARTNER IS THE FATHER OF YOUR CHILD

If you're considering applying for child support through Inland Revenue but your child doesn't have a father recorded on its Birth Certificate, Inland Revenue requires proof before processing your application.

It's important to note that a DNA test confirming your ex-partner as a parent is NOT considered a valid proof of parentage. This is particularly relevant if the child was conceived through surrogacy or Assisted Human Reproduction (AHR), which includes techniques like in vitro fertilization (IVF) and artificial insemination. In cases involving surrogacy or AHR, the Commissioner excludes these situations, meaning you may not have legal parental rights.

Additionally, there could be concerns about the validity of the DNA test, such as sample contamination or mishandling. To enhance the credibility of your case, providing supporting documents along with a positive DNA test may be considered. These supporting documents, on their own, are acceptable as proof of parentage and include:

1. Birth Record or Adoption:

• If your name is on the child's birth record or in adoption papers, you're recognized as a parent.

2. Legal Marriage and Conception:

• If you were legally married when the child was conceived or born, you're considered a parent.

3. Adoption Recognition:

• If you legally adopted the child, you're acknowledged as a parent.

4. Court Recognition:

• If a Court, in New Zealand or abroad, declared you as the parent, and this decision stands, you're a parent.

5. Personal Acknowledgment:

• If your ex partner, at any time in Court or in writing, admitted to being the parent and no Court disagreed, he is recognized as a parent.

  Example: At some point he told you that he accepts the fact that he is the father and the only thing around at the moment was your eyeliner and a receipt from K-Mart, and he wrote this down and signed it, then yes, we have a winner!

  Side note: In the future, if he disputes this, IRD will accept a NEGATIVE DNA test confirming no biological match. He must ensure that the DNA lab is approved by IRD before submitting to the testing.

6. Paternity Order:

• If a Court issued a paternity order under the Family Proceedings Act 1980, you're considered a parent.

7. Natural Mother:

• If you are the biological mother, you're automatically recognized as a parent.

8. Step-Parent Declaration:

• If the Family Court declares you a step-parent under section 99, you're acknowledged as a parent.

9. Guardian Appointment:

• If a Court appoints you as a guardian due to being the child's father, and this appointment is still valid, you're considered a parent.

Exceptions:

• Commissioner's Decision:

  • If the Commissioner determines, with proper evidence, that you are not a parent despite the above situations, you won't be considered one under this law.

• Assisted Human Reproduction (AHR):

  • If a child is conceived through a specific procedure and you're not the mother or don't have parental rights, you're not recognized as a parent under this law.

Important Points:

• If the Commissioner needs to decide if you're a parent or not, they may ask for evidence.

• The law excludes certain situations, like assisted reproduction where you're not the biological mother or don't have legal parental rights.