How do I establish paternity in New Jersey?
New Jersey's Parentage Act adopts most of the Uniform Parentage Act with New Jersey-specific procedural rules.
1. Certificate of Parentage (COP)
Both parents may sign a COP at the hospital or later at any county welfare agency or Office of Child Support office, filed with the State Registrar (NJDOH). Under N.J.S.A. 9:17-41(b) the COP "shall create a legal presumption of paternity and shall have the same effect as a judicial determination of paternity." Either signatory may rescind within 60 days or before the date of an administrative or judicial proceeding relating to the child, whichever is earlier. After 60 days, challenges require fraud, duress, or material mistake of fact (N.J.S.A. 9:17-41(b)).
2. Court-Ordered Paternity
An action under N.J.S.A. 9:17-45 may be filed by the mother, alleged father, child (through guardian ad litem), Probation Division, or the Division of Family Development in the Family Part. Under N.J.S.A. 9:17-48 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic tests on motion; results of 95% or greater create a rebuttable presumption (N.J.S.A. 9:17-48(d)).
3. Presumption of Paternity
Under N.J.S.A. 9:17-43 a man is presumed the father if married to the mother at the child's birth, married within 300 days before birth, married after birth and acknowledges parentage, or received the child into his home and openly held the child out as his natural child. Presumptions are rebutted by clear and convincing evidence (N.J.S.A. 9:17-43(b)).
4. Effects of Establishing Paternity
Triggers child-support liability under N.J.S.A. 2A:34-23 and Court Rule 5:6A, opens custody and parenting time under N.J.S.A. 9:2-4, vests intestate inheritance under N.J.S.A. 3B:5-10, and supports birth-certificate amendment through NJDOH Vital Records (REG-37).
5. Special Situations
Same-sex spouses are presumed parents per In re T.J.S., 212 N.J. 334 (2012), and Obergefell. The New Jersey Gestational Carrier Agreement Act (N.J.S.A. 9:17-60 et seq.) governs surrogacy. Donor non-parentage is recognized under N.J.S.A. 9:17-44.
This is legal information, not legal advice.
- Gestational carrier order under the New Jersey Gestational Carrier Agreement Act
- Holding-out presumption dispute under N.J.S.A. 9:17-43(a)(4)
- Setting aside a COP after the 60-day rescission window
- N.J.S.A. 9:17-41
- N.J.S.A. 9:17-43
- N.J.S.A. 9:17-45
- N.J.S.A. 9:17-48
- N.J.S.A. 9:17-60
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.