Family Proceedings Act 1980

Children - Determination of paternity

51: Paternity orders

You could also call this:

"Finding out who a child's father is through a court order"

Illustration for Family Proceedings Act 1980

You can apply to the Family Court for a paternity order to find out who a child's father is. The court will make a decision after hearing your application, which is made under section 47. If the court is sure the respondent is the child's father, it must make an order saying so. You can also ask the court to make an order if it is satisfied the respondent is not the child's father. The court can do this on its own or if you or another party to the proceedings asks it to. A paternity order is important because it can be used as proof of who the child's father is in other court cases, such as those under section 74. If you make an application under section 47 and the other party does not defend it, a Family Court Associate or Family Court Judge can make a paternity order.

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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=DLM40448.

Topics:

Family and relationships > Children and parenting

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

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

52: Evidence of mother, or

"The mother's word is enough to decide who a child's father is."

Part 5Children
Determination of paternity

51Paternity orders

On hearing an application for a paternity order made under section 47 in respect of a child, the Family Court—
must, if it is satisfied that the respondent is the father of the child, make an order declaring that the respondent is the father of the child; and
may, if it is satisfied (either on its own initiative or on an application for the purpose by a party to the proceedings) that the respondent is not the father of the child, make an order declaring that the respondent is not the father of the child.

For the purposes of proceedings under section 74, a paternity order in respect of a child shall be conclusive evidence that the person against whom it is made is the father of the child.
If an application made under section 47 is undefended, a Family Court Associate or Family Court Judge may make an order under this section.

Notes

Section 51(1): replaced, on 1 July 2005, by section 17 of the Status of Children Amendment Act 2004 (2004 No 91).
Section 51(3): inserted, on 6 October 2023, by section 46 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).