ARA has identified problems with the current methods

In 2012, the Senate Inquiry into the Commonwealth Contribution to Former Forced Adoption Policies and Practices found that:

“It appears that fathers were often not named on birth certificates, despite their names being provided either by the fathers themselves, or by the mothers,” (12.24) and it was common practice for fathers’ names to be omitted from all other documentation.

The Inquiry made the following recommendation:

Recommendation 14 (12.36):
That all jurisdictions adopt a process to allow fathers’ names to be added to the original birth certificates of children who were subsequently adopted, where the father’s identity was not originally recorded. Provided any prescribed conditions are met, this process should be administrative and not require a court order.

• But this recommendation has never been effectively implemented.
• Only two states even have public information available about how to apply to do this.
• Currently, the process is complicated, although it has been done.
• The more people who apply, the more likely this can be changed.

• Relying on NATA (National Association of Testing Authorities) accredited paternity test for a one-on-one match for a father is not fit for purpose for adopted adults. This method suits Family Law, which establishes parentage for children in family court cases.
• NATA DNA proof can still be rejected by Births, Deaths and Marriages – the policy is discretionary.
• The required NATA paternity test is more falsifiable than autosomal DNA testing sites like Ancestry DNA. The value of NATA accreditation itself has also been called into question, including, e.g., Commission of Inquiry into Forensic DNA testing in Queensland: “…confidence based on NATA accreditation was misconceived. The accreditation does not establish that the systems and processes are best practice or even appropriate.” (956)

• With adopted persons, in so many cases, their fathers are deceased, or they can be reluctant to be involved in the process due to the lack of education in the general community about the reality and lifelong effects of adoption.
• The ages and likelihood that both parents are deceased makes a NATA paternity test and even statutory declarations of parents a very limited option for most adopted people, who are themselves aging.
• Some processes may include a requirement for extended family to be “supportive” of the addition – but extended family opinions or support is irrelevant to the facts of genetic relationship, and not considered in any confirmation of paternity on a birth certificate for any other group of people.
• Documentation from the time of the adoption may be considered, but this is usually ineffective because fathers’ information is likely to be misrepresented or missing due to past practices, and if it exists it may not be accepted.

• A framework for using consumer DNA to establish parentage needs to be developed in consultation with lived experience stakeholders, and formalised in legislation, not just policy.
• Clearly defined requirements should be developed which are not reliant on discretion or a NATA (National Association of Testing Authorities) accredited paternity test.
• Recognition in policy and legislation that the DNA landscape has changed completely, and parentage can be determined on the balance of probabilities with the use of DNA – not from one individual, but from thousands.
• That fathers’ names need to be able to be added to an adopted person’s birth certificate using a straightforward administrative process, without a requirement for a court order, as recommended in the report on the 2012 Senate Inquiry into the Commonwealth Contribution to Former Forced Adoption Policies and Practices
• Any costs in restoring identity details for adopted persons should not be borne by the individuals themselves, particularly when those details were removed or omitted as a result of past state-sanctioned practices.

ARA is collating examples to assist in our call for action on this issue, so if you have experienced problems or had an application to add your father’s name denied by Births, Deaths and Marriages in any jurisdiction, please email details to ARA.

What has happened since the Apologies? Is it really any easier to get your Fathers name on your birth certificate?