Establishing Paternity in New Jersey: What You Need to Know
When a child is born to unmarried parents in New Jersey or when there’s uncertainty about legal fatherhood, establishing paternity is a critical first step. Legal paternity opens doors to both rights and responsibilities for the father and benefits to the child, concerning everything from custody and visitation to child support, health insurance access, and inheritance rights. At the Law Offices of John B. D’Alessandro, we help families in Union, Essex and Middlesex counties understand how legal fatherhood is established, why it matters, and how the process works in New Jersey. Contact our office for personalized assistance from a dedicated and knowledgeable Union paternity lawyer.
Why Legal Paternity Matters
In New Jersey, when a child is born to married parents, the husband is automatically presumed to be the legal father, so establishing paternity isn’t a separate step. But if the parents are not married, legal fatherhood must be established before the father can have rights to custody or decision-making and before the child can access many benefits such as the father’s health insurance, Social Security or veteran’s benefits, or inheritance rights. Establishing paternity also allows a support order to be created. Until fatherhood is recognized, someone may not be required to pay child support under State guidelines.
Two Main Ways to Establish Paternity in NJ
For most unmarried parents in New Jersey, paternity can be established in one of two ways:
Voluntary Acknowledgment via Certificate of Parentage (COP)
If both parents agree, they can complete and sign a Certificate of Parentage (COP). When properly executed and filed with the State’s Registrar, this document legally establishes the father’s paternity without a court order. This is the fastest and least adversarial option. The COP can be signed in the hospital shortly after birth, or later at the local registrar or child support agency. Once both parents sign the COP, it has the same legal weight as a court judgment of paternity.
Important caveat: If either parent is unsure of the biological father’s identity (or wants genetic testing), they should not sign the COP until testing is completed. Also, once signed, the parents typically have only 60 days to rescind the acknowledgment.
Court-Ordered Paternity
If the parents do not agree to voluntary acknowledgment, or when there is a dispute, absence of response, or uncertainty, the child support agency or custodial parent can file a court complaint to establish paternity. The court can order genetic (DNA) testing and then issue a Judgment of Paternity declaring the legal father. The process is governed by New Jersey statutes, including N.J.S.A. 9:17-41.
Timing, Age Limits & Interstate Cases
- A COP may be executed at the hospital or later. Paternity via COP or court order can be established at any time before the child turns 23 years old.
- In interstate or foreign-country cases, special regulations apply. For example, under N.J.A.C. 10:110-12.5, New Jersey must initiate locating or legal action for out-of-state alleged fathers promptly.
- If a child is born to married parents, presumptions apply, such as the husband being the father unless a form like an Affidavit of Denial of Paternity is signed.
What Happens After Paternity Is Established?
Once legal fatherhood is established, the father gains rights such as custody, visitation and decision-making (subject to court approvals). At the same time, the child gains rights to benefits through parentage, such as Social Security, veterans’ benefits, life insurance, inheritance, and access to medical history information. In addition, child support and/or health insurance coverage become enforceable at this point. Also, if a COP is signed at birth, the father’s name can be included on the child’s birth certificate.
Things to Be Aware Of
- Signing the COP is voluntary, but once both parents sign it, it is legally binding and equivalent to a court judgment.
- If there is doubt about biology, request genetic testing first and do not sign.
- If a person signs a COP and later changes their mind, they may have only up to 60 days to rescind the declaration.
- Being on the birth certificate alone does not always establish full rights or responsibilities if the parents were unmarried and no COP or court order was executed.
- Even after paternity, issues such as custody, visitation, and support may still need their own motions and court orders. Paternity is just one building block in a larger process.
Why You Should Consult an Experienced New Jersey Family Law Attorney
Establishing paternity may seem straightforward when both parents agree, but real-life situations often involve complex factors, such as disputed paternity, interstate issues, minor parents, or a desire to adjust custody or support later. Having an attorney makes sure you understand your rights and responsibilities and that the process is handled correctly.
At the Law Offices of John B. D’Alessandro, we assist clients in Union, Essex and Middlesex counties with establishing, challenging or invalidating paternity, ensuring all the downstream legal consequences, like custody, support, and legal benefits, are properly handled.
Take Action Today
If you are an unmarried parent or suspect you may be the father of a child born in New Jersey, establishing paternity is a key step. Doing so protects your rights and your child’s future. Contact the Law Offices of John B. D’Alessandro today for a consultation. Let us help you navigate the process, safeguard your interests, and build the legal relationship that matters.