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Family Proceedings Act 1980

Children - Determination of paternity

47: Applications for paternity orders

You could also call this:

"How to find out who a child's father is"

Illustration for Family Proceedings Act 1980

You can apply for a paternity order if you are the mother of the child. You can also apply if you are taking care of the mother and she is under 16 years old. A social worker can apply with the mother's written consent. You can apply for a paternity order against a man who is not married to the mother. The man must not have been married to the mother when the child was conceived. If the man was married to the mother, the marriage must have ended before the child was conceived. If the mother has died, abandoned the child, or cannot apply herself, other people can apply. These people include the mother's parent, the child's guardian, or a social worker. Any other person can apply with the court's permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40439.

Topics:
Family and relationships > Children and parenting
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Part 5Children
Determination of paternity

47Applications for paternity orders

  1. An application for a paternity order in respect of a child may be made:

  2. in any case, by the mother of the child; or
    1. where the mother is under the age of 16 years, by any person having custody of, or who has the role of providing day-to-day care for, the mother; or
      1. with the consent in writing of the mother, by a social worker; or
        1. where the child has been born, and the mother is dead, or has abandoned the child, or is for any reason unable to make an application herself,—
          1. by a parent of the mother; or
            1. by a guardian of the child; or
              1. by a social worker; or
                1. with the leave of the court, by any other person.

                2. An application for a paternity order in respect of a child may be made only against a male who—

                3. is not married to, or in a civil union with, the mother; and
                  1. has never been married to, or in a civil union with, the mother or (if he has been married to, or in a civil union with, the mother) whose marriage or civil union was dissolved before the conception of the child.

                    Notes
                    • Section 47(1)(b): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
                    • Section 47(2)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                    • Section 47(2)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                    • Section 47(2)(b): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).