Paternity In New Jersey


New Jersey law requires a mother or a man claiming to be the father to make an allegation of paternity before legal paternity can be established. Once the allegation is made the process of establishing paternity begins within 90 days of locating the alleged father. When there is more than one alleged father the Office of Support and Paternity Programs will proceed against all the named possible fathers. Once DNA testing establishes by more 95% that a man is not a child’s paternal father he can be excluded from any further legal proceedings.

The Office of Child Support and Paternity Programs does offer a voluntary acknowledgment program. This is called the Paternity Opportunity Program. This program allows a man to sign a Certificate of Parentage. This certificate is as good as a court order or judgement of paternity. This form can be signed in the hospital, local registrar offices or in court. To be added to the birth certificate after this document is signed a request must be made by both parents.

Before a alleged father signs a certificate of parentage he and the biological mother are notified of their rights the meaning of this document.

Either party may:

• Opt for DNA testing before they sign the document

• Change their mind about their acknowledgment within 60 days of signing the document

• Signing the document means that the person is responsible for child support and health care.


When either party refuses to sign the certificate , but no paternity complaint has been filed, no compliant needs to filed. In cases such as these DNA testing will be required. Requirements for genetic testing include:

• State approved facility

• Results with 95% probability or greater for paternity establishment

• County pays for genetic testing. Reimbursement is required if the court determines the man can afford to reimburse and paternity is established.

• Results can be contested in writing by either party within 10 days of receiving them. The written contest must be sent the agency paying for the DNA testing.

New Jersey paternity law also states that a child born to married parents is the child of the mother;s husband unless otherwise disputed. The husband can deny paternity by signing an affidavit. The biological father and mother can then sign a certificate of parentage.

Paternity can be established even if the biological parents or parties in question are minors. If the alleged father is under the age os 18 and denies paternity a complaint can be filed against him in family court. In cases such a these the court will proceed using standard protocol for dealing with legal complaints against a minor.
Information on Paternity In New Jersey

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