Judicial Paternity Establishment
In this Topic
Introduction
The New Jersey Parentage Act, at N.J.S.A. 9:17-39, defines the parent and child relationship as the legal relationship between a child and the child’s natural or adoptive parentsparents. It extends the relationship to both the mother and the father. This relationship applies to every child and every parent, regardless of marital statusmarital status . The act specifies how the parent and child relationship may be proved:
- As to the natural mother, by proof of her having given birth
- As to the father, by
- giving full faith and credit to a paternity determination by another state
- a Certificate of Parentage executed by both the father and the mother and filed with the appropriate state agencystate agency
- order of courtorder of court
- genetic testing
If any of the three specifics noted above for the father applies to a given case, then paternity is established, and an action for child support may be filed with the Superior Court of New Jersey, Chancery Division, Family Part.
Presumption of Paternity
N.J.S.A. 9:17-43 creates certain rebuttable presumptions regarding a child’s paternity, depending on the facts of the case. A man is presumed to be the biological father of a child when the following are presented as evidence:
- The man and the child’s mother are or were married to each other and the child was born during the marriage or within 300 days of termination of the marriage.
- Before the child’s birth, the man and the child’s mother attempted to marry legally, but the marriage is, or could be, invalid.
- After the child’s birth, the man and the child’s mother married or attempted to marry and
- he acknowledged paternity of the child in writing with the local registrar of vital statistics, or
- he attempted to have his name recorded as the child’s father on the birth certificate, or
- he openly holds out the child as his natural child, or
- he is obligated under a written agreement or court order to support the child.
- While the child is under the statutory age of majority, as defined at N.J.S.A. 9:17B-3, the man receives the child into his home and openly holds out the child as his natural child.
- While the child is under the statutory age of majority, as defined at N.J.S.A. 9:17B-3, the man provides support for the child and openly holds out the child as his natural child.
- The man acknowledges paternity of the child in writing with the local registrar of vital statistics, and the mother, after being so informed, does not dispute the acknowledgement N.J.S.A. 9:17-43.
Paternity not Previously Established
In a case in which paternity has not previously been established, establishment must be accomplished by filing a complaint of paternity and nonsupport with the Family Division. Although the court has statewide jurisdiction (power to enter a legally binding order), the complaint will generally be filed (venued) in the county where the child residesresides. Federal time frames embodied in New Jersey Administrative Code (N.J.A.C.) 10:110–12.1(a) require that paternity be established, or Service of Process be completed, within 90 days of locating the putative father. Although an action for paternity is usually thought of as one brought by the child’s mother to establish a man as her child’s father, it can also be brought by an alleged father, or a man alleging himself to be the father, to determine the existence or nonexistence of a mother, father, and child relationshiprelationship.
Note: The moving party files for paternity and child support, unless the child was born during the marriage and paternity is not being challenged.
Parties to a Paternity Action
Section 47 of the Parentage Act delineates who can and who must (mandatory joinder) be made parties to a paternity action. The child, or if a minor, his or her guardian, may be made a party. The natural mother, each man presumed to be the fatherfather, each man alleged to be the natural father, a man whose name appears on the birth certificate, or a man who has attempted to file an acknowledgment, if subject to the jurisdiction of the court, shall be made parties. If the plaintiff believes that more than one man may be her child’s father and there is a presumption that another man is the father (usually the woman’s husband), then all must be named as defendants in the complaint and served with process in the proceeding. In genetic-testing cases, the court will use the genetic test results to determine the facts about paternity. If, on the other hand, the plaintiff believes that more than one man may be the father, but none are presumed to be the father, a complaint for paternity may be filed against all whom she believes to be the fatherfather.
Note: The Statute of Limitations to file an action for paternity is five years after the child has reached 18 years, the statutory age of majority as defined at N.J.S.A. 9:17B-3.
Long-Arm Jurisdiction
The Parentage Act also includes a provision for the exercise of long-arm jurisdiction (jurisdiction over a non–state resident by the New Jersey Court) in certain situationscertain situations under the UIFSA, but not limited to where the sexual intercourse by which the child may have been conceived occurred within the statestate. When applicable, this section permits an intergovernmental complaint rather than a UIFSA petition to be filed. This is preferable for the following reasons:
- It meets a federal and state regulations requirementrequirement.
- The intergovernmental complaint generally takes less time to complete. At the local level, it is called a complaint. For UIFSA matters, it is called a petition.
- New Jersey law applies to the establishment of paternity, the amount of child support, the duration of the child support, and subsequent modification.
Related Information
- N.J.S.A. 9:17-39
- N.J.S.A. 9:17-40
- N.J.S.A. 26:8-28.1
- N.J.S.A. 9:17-41
- N.J.S.A. 9:17-41(c); Rule 5:2-1(a)
- N.J.S.A. 9:17-57
- N.J.S.A. 9:17-43
- N.J.S.A. 9:17-43(d)
- N.J.S.A. 9:17-45
- N.J.S.A. 9:17-47
- Public Law (P.L.) 1998, c.2
- N.J.S.A. 9:17-46
- N.J.A.C. 10:110-12.5