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Adult illigitimate child wishes to take father to court for DNA testing

Can i child ask for DNA testing of a father?

As far as I can tell the current archaic laws still do not allow me to take my father to court.

However I can take him to the Supreme Court and ask for him to prove that he is not my father by supplying evidence of a long term relationship with him and me being led to believe he is my father.

I have been led to believe this would involve me showing photo's, affidavits, and letters and emails etc. to prove that he has indeed had a very long standing relationship with both myself and my mother.

Is there an easier way to do this? Can I represent myself in the Supreme Court? How does one go about this and has it been done before? Are there any previous cases of this in NSW? Do children have rights? As it clearly states I should in the UN Child Charter.

Can I go to family court? Or is the Supreme Court my only option?

I would like more information.
We do not deal in these matters. I have no knowledge of such matters. What are you after?, and why?

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
I am trying to find out if the man I believe to be my father actually is my father.

This is an issue of my identity. By knowing if he is I will then know who I am and be able to access my family tree. As an illegitimate child I have been denied my family history.

If I have children they too will be denied a portion of their family tree and so on and so on. I have had a relationship with a man for nearly 38years who I have always been lead to believe is my father. I would like it proven either he is or is not.
No one can force anyone to take a DNA test. Even if you can get a court order.

You would be better off to ask the person to take a test with you, or when you see him again use that time to find something (eg. hair samples) to send to one of those anonymous DNA testing places, who will give you an idea of whether the matter is worth pursuing.

Do not under any circumstances take any material, nor use it for the purposes of DNA testing, of any person under the age of eighteen (18) without full parental consent. That is against the law and considered an assault upon a child.

If you can find something beyond your theorising that points to a non-biology, then, if that person is listed on your birth certificate, you can talk to births deaths and marriages (BDM).


My father has refused to take the DNA test over many years of asking.

I have documented evidence to show he and I have had a relationship and I have been led to believe he is my father. He does not wish to make it legal. By not making it legal he is denying me my identity.

The child in question is me and I am over the age of 18 years. Clearly the 'father' in this case is older than I am.

What I am looking for is a way via the Family Court to pursue this matter.

Parents can ask for DNA testing but children can not even when they grow up. Due to the current interest in DNA testing of fathers along with the 'stolen' and 'forgotten' generations one would presume that mine should not be a test case. Surely this has been done before? I cannot be the only illegitimate child to try and lay claim to their heritage, family medical records and so forth.

As for my 'theorizing', I have been told by a law firm I can take the matter to the Supreme Court. I am trying to find another way. It is clearly stated in the UN Convention on the Rights of the Child Article 8:

1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.

Surely the family Law Courts should be taking this into consideration as our government has signed this agreement and the Family Law Courts deals with the rights of the child does it not?
I still believe your best avenue is by negotiations and friendship with your alleged father. I thought DNA can never accurately prove paternity, only disprove paternity.

I just read your post again. You say you are an illegitimate child. The law recognises you as such, probably by your birth certificate, so where is the unlawful interference? In what way have you been illegally deprived? I cannot see how you claim to have fulfilled the UN stuff you wrote.

As for stolen generations of the Family Court, they are persons whose parents were known, but did not get to be raised by both of them. In the forgotten generations, they were persons whose birth certificates had been altered due to a particular event, later found to be unlawful,or done in mistake,and rectification sometimes made, or original birth certificate given to them.

You do not seem to me to be in either category. Perhaps the gentleman is not your biological father, just a father figure.

Sorry, I can't assist further.
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