The immigration website states the following:
------------- If your application includes a child under 18 years of age and the child's other parent is not migrating with you, or there is any other person who has the legal right to determine where the child can live, you will need to provide the evidence as outlined below.
For each child under 18 years you will need to provide one of the following: evidence that the law of your home country permits the removal of the child to Australia. This could include an overseas court order granting you sole custody of the child evidence that each person who can lawfully determine where the child is to live consents to the grant of the visa. Such evidence should be either: a statutory declaration or a legal document signed by the child's other parent (or any other person who can lawfully determine where the child shall live), consenting to the grant of the visa or evidence that the child's other parent is dead, such as a certified copy of the rest certificate evidence that the grant of the visa would be consistent with any Australian child order in force in relation to the child. Such evidence should be the original or certified copy of the Australian Court order providing you with sole responsibility to decide where the child should live. -------
I'm not sure, but if the father is not on the birth certificate, then they will not be able to lawfully determine where the child shall live. Like I said, might be worth checking out with someone more in the know though....
Dazz
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