How Do I Amend My Child's Birth Certificate?

The law presumes that a person listed as a child’s father on the child’s birth certificate is the child’s biological father.  If that is not the case, a court will need to be obtained to amend the birth certificate.  The first step is for the biological and non-biological father to submit to DNA testing.  If you find yourself in this position, a family lawyer in Townsville will be able to recommend the appropriate referral and pathology to attend.  Once the results are received, an application will need to be filed in the Supreme Court of Queensland.

The application must be supported by an affidavit, preferably from all three parties, deposing to the circumstances of the DNA testing needing to be undertaken.  The affidavits will need to annex the DNA results.  The application will seek orders for a parentage declaration pursuant to the Status of Children Act and, for the Births, Deaths and Marriages Registry to correct the Register pursuant to the Births, Deaths and Marriages Registration Act.

Upon the Court making the order, a Births, Deaths and Marriages Registry form should be completed attaching a copy of the order.  The Registry will then correct the Register and issue a new birth certificate for the child.

Whilst the Family Court can make a parentage declaration pursuant to Section 69VA of the Family Law Act, the BDM Registry may choose not to accept the Family Court Order.  Further, the Family Court require stringent compliance with DNA guidelines under the Act.   Therefore, it would be prudent to obtain a Supreme Court order particularly if orders are not sought in relation to the parental responsibility or the child’s living arrangements.

If you need more information about changing your child’s birth certificate, contact Townsville Family Lawyers today.