How a Family Lawyer in Auckland Handles Paternity and Adoption Cases
A family lawyer in Auckland will handle a range of cases. The more common are separation, domestic violence, and the distribution of relationship property. Two other types of cases the deal with involve children. One is in relation to paternity testing, and the other is adoption of children.
In this post, we consider these two less common cases for a family lawyer in Auckland.
Paternity Cases
In a paternity case, the lawyer will initially consider if parenthood is already legally presumed. This can be as simple as being named in a birth certificate. If it is not legally presumed, then a court order might be needed.
New Zealand law has two main pathways: a Paternity Order or a Declaration of Paternity or non-paternity. The appropriate route depends on a few factors: These include:
- the person who is applying,
- the age of the child, and
- the aim of the case.
A Paternity Order will generally be sought before the child reaches the age of six. There are some tolerances, but this is the general condition.
The lawyer will prepare the documents and apply for an application and affidavits for any relevant evidence. They will then submit the documents to the Family Court and organise the serving of the notice to the other side.
The range of evidence can be broad. From may the relationship history of the two parties, the extent and length of communications between them, whether there have been any acknowledgements by the other side, financial support, birth records, and medical information.
If parentage is disputed, the court may recommend DNA testing. This will need to be carried out by a medical laboratory.
While DNA testing is not mandatory, refusing to do so can be taken into account by the judge.
If paternity is established, the lawyer can advise about birth registration, guardianship, care arrangements, contact, child support, and inheritance consequences.
Adoption Cases
In an adoption case, the lawyer will explain the process which can be lengthy and fraught with disappointments along the way. Adoption is permanently transferring legal parental rights and responsibilities to the prospective adoptive parents.
A person who wishes to adopt a child in New Zealand must apply to the Family Court for an Adoption Order. They are resident in New Zealand are usually sent to Oranga Tamariki—Ministry for Children.
The lawyer will carry out a range of checks for eligibility. They will discuss the ongoing legal implications of adopting a child, check that any consents are valid, prepare applications and gather evidence to support the case.
Items that will form part of the submission include residency, finance and the ability to support the child, the general health of the applicant, and whether there is an established relationship with the child.
A social worker will be assigned to the case, and the lawyer will communicate and coordinate with them.
Another key aspect of adoption is preparing the putative parents for the court appearance. It will be a nervous time for them, so they need to be prepared for the court system, and the thorough investigation that adoption involves.
Adoption isn’t always the best option for the child. Sometimes guardianship or access will be a better outcome.
Other issues that can arise include overseas and inter country residency, surrogacy, cultural and whānau connections. All of these are subservient to the child’s welfare, which is the paramount consideration by the Family Court.
Practical Support and Resolution
Whichever of these cases, the family lawyer in Auckland will provide advice, draft documents, gather evidence, and make applications to the Family Court.
At all times, the confidentiality of all parties is preserved. They will also communicate with the other parties and various government agencies to keep the case progressing.
If you need help with either a paternity case or with adoption, McVeagh Fleming has family lawyers who can give you advise and support. Visit the website for more details.