Family Proceedings Act 1980

Children - Determination of paternity

49: Time limit on applications for paternity orders

You could also call this:

"Time limit for finding out who a child's father is"

Illustration for Family Proceedings Act 1980

You can't apply for a paternity order after a child is six years old. You might be able to apply after six years if the person you think is the father helped look after the child or lived with the mother. You can also apply if the person admitted they are the father, or if they were named as a parent under the Social Security Act 1964 before 1992, and this is needed because of the Child Support Act 1991. If the person you think is the father is not in New Zealand, the time they are away is not counted when working out the time limit.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40444.

Topics:

Family and relationships > Children and parenting

48: Jurisdiction to establish paternity, or

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

50: Power of Family Court to make paternity orders, or

"How the Family Court helps figure out who a child's parent is"

Part 5Children
Determination of paternity

49Time limit on applications for paternity orders

Subject to subsection (2), no application for a paternity order in respect of a child may be made after the expiration of 6 years from the birth of the child.
An application for a paternity order in respect of a child may be made after the expiry of the period specified in subsection (1)—
where at any time within the 2 years immediately preceding the making of the application, the respondent has—
1. contributed to or made provision for the maintenance of the child; or
2. lived with the mother as if he were her husband or civil union partner; or
where at any time before the making of the application, the respondent has admitted expressly or by implication that he is the father of the child :
where, at any time before 1 July 1992, the respondent has been named as a liable parent for the purposes of sections 27I to 27ZI of the Social Security Act 1964, and the bringing of an application for a paternity order is subsequently necessary as a consequence of the enactment of the Child Support Act 1991.

For the purposes of computing any period specified in this section, no account shall be taken of any period during which the respondent is absent from New Zealand.

Notes

Section 49(2)(a)(ii): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).
Section 49(2)(b): amended, on 1 July 1992, pursuant to section 6 of the Family Proceedings Amendment Act 1991 (1991 No 144).
Section 49(2)(c): inserted, on 1 July 1992, by section 6 of the Family Proceedings Amendment Act 1991 (1991 No 144).