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You need to meet the definition of a legal parent or non-parent carer.
We can make a child support assessment if at least one parent lives in Australia. Read more about residence rules.
Legal parents
We must be satisfied that both you and the other parent named in your application are the legal parents of the child. We can be satisfied you or the other parent are a legal parent of a child if at least one of the following applies:
- you and the other parent were married when the child was born
- you or the other parent are named on the child’s birth certificate as a parent, it can be Australian or from a reciprocating jurisdiction
- you or the other parent are named in adoption papers as a parent
- you’re male and lived with the birth parent any time between 20 to 44 weeks before the child’s birth, or the other parent is male and lived with you 20 to 44 weeks before the child’s birth
- a clear statement from a relevant court identifies you or the other parent as the child’s parent
- you or the other parent are a parent under the Family Law Act 1975 - this covers artificial conception and surrogacy.
We’re also satisfied you’re a legal parent if there’s an executed legal instrument acknowledging you as a parent. Read more about proving parentage for a child support assessment.
If there’s conflicting evidence, we’ll investigate who the parent is.
Artificial conception
Parents must have been married or in a de facto relationship at the time of the artificial conception procedure and both agreed to the procedure.
Surrogacy
You’re both the parents of the child if an Australian court order says you are.
Non-parent carers
If you care for a child and you’re not their parent, you may be able to receive child support from one or both parents.
You can apply for non-parent carer child support assessment if both of the following apply:
- you care for the child for at least 128 nights a year
- you aren’t the partner of either parent of the child.
You can apply if the people you’re seeking child support from are:
- parents of the child
- living in Australia or a reciprocating jurisdiction on the day you apply.
The parents of the child must have agreed you’ll care for the child, unless it would be unreasonable for them to care for the child. For example, if there’s a serious risk to the child from violence or abuse in the home of the parent concerned.
Read more about child support when you’re a non parent carer.
If you’re a non-parent carer, our Grandparent, Foster and Kinship Carer Advisers are here to help you. They support grandparents, foster carers, kinship carers and other non-parent carers.