Child Support Act 1991

Liability to pay child support under formula assessment - General principles concerning liability to pay child support

7: Meaning of parent

You could also call this:

"Who counts as a parent for child support"

For the Child Support Act 1991, a parent is someone who:

Is named as a parent on the child's birth record in New Zealand or overseas.

Was married when the child was conceived or born, and either they or their spouse is the child's biological parent.

Has legally adopted the child.

Has been found to be a parent by a court in New Zealand or overseas.

Has acknowledged being a parent in court or in writing, unless a court has found otherwise.

Has been declared the child's father by a court.

Is the child's biological mother.

Has been declared a step-parent by the Family Court.

Has been appointed or declared a guardian of the child because they are the father.

The Commissioner can decide someone is not a parent if they are satisfied the person doesn't fit these criteria and hasn't been declared a step-parent.

If a child is conceived through certain fertility treatments, people involved who are not the mother or don't have parental rights are not considered parents under this Act.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM253518.

Topics:

Family and relationships > Children and parenting

6: Parents by whom child support payable, or

"Who can be asked to pay child support for a child"

7A: Commissioner may disregard document from overseas jurisdiction if not satisfied that document is valid and authentic, or

"Commissioner can ignore overseas documents if they seem untrustworthy"

Part 1Liability to pay child support under formula assessment
General principles concerning liability to pay child support

7Meaning of parent

For the purposes of this Act, a person is a parent of a child if—
the person's name is entered in the child’s birth record under the Births, Deaths, Marriages, and Relationships Registration Act 2021, or is entered in a register of births or parentage information kept under the law of any overseas jurisdiction, as a parent of the child; or
the person is or was a party to a legal marriage and the child was conceived by or born to the person, or the other party to the marriage, during the legal marriage; or
the person adopted the child under the Adoption Act 1955 or under an adoption to which section 17 of that Act applies and that adoption order has not been discharged; or
a New Zealand court, or a court or public authority of any overseas jurisdiction, has at any time found that the person is a parent of the child, and the finding has not been cancelled or set aside; or
the person has, at any time in any proceeding before any court in New Zealand, or before any court or public authority in an overseas jurisdiction, or in writing signed by the person, acknowledged that he or she is a parent of the child and a court has not made a finding of paternity of the child that is to the contrary of that acknowledgment; or
a court has, under the Family Proceedings Act 1980, made a paternity order against the person in respect of the child; or
the person is the natural mother of the child; or
the person has been declared to be a step-parent of the child by the Family Court under section 99; or
a New Zealand court, or a court or public authority of any overseas jurisdiction, has appointed the person to be a guardian of the child, or has declared the person to be a guardian of the child, by reason of being the father of the child, and that appointment has not been cancelled or set aside.

Notwithstanding subsection (1), where the Commissioner is satisfied that a person—
is not, despite being a person to whom that subsection applies, a parent of a particular child; and
has not been declared to be a step-parent of that child under section 99,—

On being requested to make a determination under subsection (2), the Commissioner may require the production of such evidence as the Commissioner, in his or her discretion, considers appropriate.
Where—
a child is conceived as a result of any AHR procedure to which Part 2 of the Status of Children Act 1969 applies; and
a person involved in that procedure is not the mother of the child, or a person who has the rights and liabilities of a parent of the child, in terms of that Act,—

Repealed

Compare

1964 No 136 s 27I(2), (3)

Notes

Section 7(1)(a): amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
Section 7(1)(a): amended, on 26 September 2006, by section 5(1) of the Child Support Amendment Act 2006 (2006 No 42).
Section 7(1)(d): amended, on 26 September 2006, by section 5(1) of the Child Support Amendment Act 2006 (2006 No 42).
Section 7(1)(e): amended, on 26 September 2006, by section 5(2) of the Child Support Amendment Act 2006 (2006 No 42).
Section 7(1)(h): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 7(1)(i): amended, on 26 September 2006, by section 5(1) of the Child Support Amendment Act 2006 (2006 No 42).
Section 7(4)(a): amended, on 1 July 2005, by section 16(a) of the Status of Children Amendment Act 2004 (2004 No 91).
Section 7(4)(b): amended, on 1 July 2005, by section 16(b) of the Status of Children Amendment Act 2004 (2004 No 91).
Section 7(5): repealed, on 26 September 2006, by section 5(3) of the Child Support Amendment Act 2006 (2006 No 42).