Bill Text: NJ A1063 | 2010-2011 | Regular Session | Introduced
Bill Title: Enacts the "New Jersey Parentage Act of 2006."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A1063 Detail]
Download: New_Jersey-2010-A1063-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Mercer)
SYNOPSIS
Enacts the "New Jersey Parentage Act of 2006."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning paternity and revising various sections of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section). This act shall be known and may be cited as the "New Jersey Parentage Act of 2006."
ARTICLE I.
GENERAL PROVISIONS
2. (New section). Definitions.
As used in this act:
a. "Acknowledged father" means a man who has established a father-child relationship under sections 11 through 23 of P.L. , c, (C. )(pending before the Legislature as sections 11 through 23 of this bill).
b. "Acknowledgement" means a certificate of paternity as defined in sections 11 through 23 of P.L. , c, (C. )(pending before the Legislature as sections 11 through 23 of this bill).
c. "Adjudicated father" means a man who has been adjudicated by a court or tribunal of competent jurisdiction to be the father of a child.
d. "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include:
a presumed father;
a man whose parental rights have been terminated or declared not to exist; or
a male donor.
e. "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes:
intrauterine insemination;
donation of eggs;
donation of embryos;
in-vitro fertilization and transfer of embryos; and
intracytoplasmic sperm injection.
f. "Child" means an individual of any age whose parentage may be determined under this act.
g. "Commence" means to file the initial pleading seeking an adjudication of parentage in the Superior Court, Chancery Division, Family Part of this State.
h. "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid certificate of paternity under sections 11 through 23 of P.L. , c,(C. )(pending before the Legislature as sections 11 through 23 of this bill) or adjudication by the court.
i. "Donor" means an individual who produces her own eggs or his own sperm used for assisted reproduction, whether or not for consideration. The term does not include: (1) a husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife; (2) a woman who gives birth to a child by means of assisted reproduction; or (3) a parent under sections 72 through 78 of P.L. , c. (C. )(pending before the Legislature as sections 72 through 78 of this bill).
j. "Ethnic or racial group" means for purposes of genetic testing, a recognized group that a person identifies as all or part of the individual's ancestry or that is so identified by other information.
k. "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following:
(1) deoxyribonucleic acid; and
(2) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.
l. "Man" means a male individual of any age.
m. "Parent" means an individual who has established a parent-child relationship under sections 7 of P.L. , c. (C. )(pending before the Legislature as section 7 of this bill).
n. "Parent-child relationship" means the legal relationship between a child and a parent of the child incident to which the law confers or imposes rights, privileges, duties and obligations. The term includes the mother-child relationship and the father-child relationship.
o. "Paternity index" means the likelihood of paternity calculated by computing the ratio between:
(1) the likelihood that the tested man is the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is the father of the child; and
(2) the likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother, and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man.
p. "Presumed father" means a man who, by operation of law under section 10 of P.L. , c. (C. )(pending before the Legislature as section 10 this bill), is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
q. "Probability of paternity" means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.
r. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
s. "Signatory" means an individual who authenticates a record and is bound by its terms.
t. "State" means the State of New Jersey.
u. "state" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. State includes:
(1) an Indian tribe; and
(2) a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under the Uniform Interstate Family Support Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Reciprocal Enforcement of Support Act.
v. "State IV-D agency" means the Department of Human Services.
w. "Support enforcement agency" means a public official or agency authorized to seek: enforcement of support orders or laws relating to the duty of support; establishment or modification of child support; determination of parentage; or location of child support obligors and their income and assets.
x. "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify orders or to determine parentage.
(Source: Uniform Parentage Act)
3. (New section). Scope of Act; Choice of Law.
a. This act applies to determinations of parentage in this State.
b. The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does not depend on:
(1) the place of birth of the child; or
(2) the past or present residence of the child.
c. This act does not create, enlarge, or diminish parental rights or duties under any other law of this State.
d. This act does not authorize or prohibit an agreement between a woman and a man and another woman in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the man and other woman become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under the law of this State, the parent-child relationship is determined as provided in sections 7 through 10 of P.L. , c. (C. )(pending before the Legislature as sections 7 through 10 of this bill).
(Source: Uniform Parentage Act)
4. (New section). Court of this State.
The Superior Court, Chancery Division, Family Part is authorized to adjudicate parentage under this act.
(Source: Uniform Parentage Act; N.J.S.9:17-46)
5. (New section). Protection of Participants.
Proceedings under this act are subject to other laws of this State governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, social security number, and the child's day-care facility and school.
(Source: Uniform Parentage Act)
6. (New section). Determination of Maternity.
Provisions of this act relating to determination of paternity apply to determinations of maternity.
(Source: Uniform Parentage Act)
ARTICLE II.
PARENT-CHILD RELATIONSHIP
7. (New section). Establishment of Parent-Child Relationship.
a. The mother-child relationship is established between a woman and a child by:
(1) the woman's having given birth to the child;
(2) an adjudication of the woman's maternity; or
(3) adoption of the child by the woman.
b. The father-child relationship is established between a man and a child by:
(1) an unrebutted presumption of the man's paternity of the child under section 10 of P.L. , c. (C. )(pending before the Legislature as section 10 of this bill);
(2) an effective certificate of paternity by the man under sections 11 through 23 of P.L. , c. (C. )(pending before the Legislature as sections 11 through 23 of this bill), unless the certificate has been rescinded or successfully challenged;
(3) an adjudication of the man's paternity;
(4) adoption of the child by the man; or
(5) the man's having consented to assisted reproduction by a woman under 72 through 78 of P.L. , c. (C. )(pending before the Legislature as sections 72 through 78 of this bill) which resulted in the birth of the child.
(Source: Uniform Parentage Act; N.J.S.9:17-44)
8. (New section). No Discrimination Based on Marital Status.
A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.
(Source: Uniform Parentage Act)
9. (New section). Consequences of Establishment of Parentage.
Unless parental rights are terminated, a parent-child relationship established under this act applies for all purposes, except as otherwise specifically provided by other law of this State.
(Source: Uniform Parentage Act)
10. (New section). Presumption of Paternity in Context of Marriage.
a. A man is presumed to be the father of a child if:
(1) he and the mother of the child are married to each other and the child is born during the marriage;
(2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;
(3) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;
(4) after the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:
(a) the assertion is in a record filed with the State IV-D agency;
(b) he agreed to be and is named as the child's father on the child's birth certificate; or
(c) he promised in a record to support the child as his own; or
(5) for the first two years of the child's life, he resided in the same household with the child and openly held out the child as his own.
b. A presumption of paternity established under this section may be rebutted only by an adjudication under sections 49 through 71 of P.L., c., (C. )(pending before the Legislature as sections 49 through 71 of this bill ).
(Source: Uniform Parentage Act; N.J.S.9:17-43)
ARTICLE III.
VOLUNTARY CERTIFICATE OF PATERNITY
11. (New section). Certificate of Paternity.
The mother of a child and a man claiming to be the genetic father of the child may sign a certificate of paternity with intent to establish the man's paternity.
(Source: Uniform Parentage Act; N.J.S.26:8-28.1)
12. (New section). Execution of Certificate of Paternity.
a. A certificate of paternity shall:
(1) be in a record;
(2) be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;
(3) state that the child whose paternity is being acknowledged:
(a) does not have a presumed father, or has a presumed father whose full name is stated; and
(b) does not have another acknowledged or adjudicated father;
(4) state whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(5) state that the signatories understand that the certificate is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the certificate is permitted only under limited circumstances and is barred after two years following the filing of the certificate.
b. A certificate of paternity is void if it:
(1) states that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the State IV-D agency;
(2) states that another man is an acknowledged or adjudicated father; or
(3) falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
c. A presumed father may sign or otherwise authenticate a certificate of paternity.
(Source: Uniform Parentage Act)
13. (New section). Denial of Paternity.
A presumed father may sign a denial of his paternity. The denial is valid only if:
a. a certificate of paternity signed, or otherwise authenticated, by another man is filed pursuant to section 15 of P.L. , c. (C. )(pending before the Legislature as section 15 of this bill);
b. the denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and
c. the presumed father has not previously:
(1) acknowledged his paternity, unless the previous acknowledgement has been rescinded pursuant to section 17 of P.L. , c. (C. )(pending before the Legislature as section 17 of this bill ) or successfully challenged pursuant to section 18 of P.L. , c. (C. )(pending before the Legislature as section 18 of this bill ); or
(2) been adjudicated to be the father of the child.
(Source: Uniform Parentage Act)
14. (New section). Rules for Acknowledgement and Denial of Paternity.
a. A certificate of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the certificate and denial are both necessary, neither is valid until both are filed.
b. A certificate of paternity or a denial of paternity may be signed before the birth of the child.
c. Subject to subsection a. of this section, a certificate of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the State IV-D agency, whichever occurs later.
d. A certificate of paternity or denial of paternity signed by a minor is valid if it is otherwise in compliance with this act.
(Source: Uniform Parentage Act)
15. (New section). Effect of Acknowledgement or Denial of Paternity.
a. Except as otherwise provided in section 17 of P.L. ,c. (C. )(pending before the Legislature as section 17 of this bill) and section 18 of P.L. , c. (C. )(pending before the Legislature as section 18 of this bill), a valid certificate of paternity filed with the State IV-D agency is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.
b. Except as otherwise provided in section 17 of P.L. , c. (C. )(pending before the Legislature as section 17 of this bill) and section 18 of P.L. , c. (C. )(pending before the Legislature as section 18 of this bill), a valid denial of paternity by a presumed father filed with the State IV-D agency in conjunction with a valid certificate of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.
(Source: Uniform Parentage Act)
16. (New section). No Filing Fee.
The State IV-D agency may not charge for filing a certificate of paternity or denial of paternity.
(Source: Uniform Parentage Act)
17. (New section). Proceeding for Rescission.
A signatory may rescind a certificate of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of:
a. 60 days after the effective date of the acknowledgement or denial, as provided in section 14 of P.L. , c. (C. )(pending before the Legislature as section 14 of this bill); or
b. the date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
(Source: Uniform Parentage Act)
18. (New section). Challenge After Expiration of Period for Rescission.
a. After the period for rescission under section 17 of P.L. , c. (C. )(pending before the Legislature as section 17 of this bill) has expired, a signatory of a certificate of paternity or denial of paternity may commence a proceeding to challenge the acknowledgement or denial only:
(1) on the basis of fraud, duress, or material mistake of fact; and
(2) within two years after the certificate or denial is filed with the State IV-D agency.
b. A party challenging a certificate of paternity or denial of paternity has the burden of proof by clear and convincing evidence.
(Source: Uniform Parentage Act)
19. (New section). Procedure for Rescission or Challenge.
a. Every signatory to a certificate of paternity and any related denial of paternity shall be made a party to a proceeding to rescind or challenge the acknowledgement or denial.
b. For the purpose of rescission of, or challenge to, a certificate of paternity or denial of paternity, a signatory submits to personal jurisdiction of this State by signing the certificate or denial, effective upon the filing of the document with the State IV-D agency.
c. Except for good cause shown, during the pendency of a proceeding to rescind or challenge a certificate of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the certificate, including the duty to pay child support.
d. A proceeding to rescind or to challenge a certificate of paternity or denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under sections 49 through 71 of P.L. , c. (C. )(now pending before the Legislature as sections 49 through 71 of this bill).
e. At the conclusion of a proceeding to rescind or challenge a certificate of paternity or denial of paternity, the court shall order the State IV-D agency to amend the birth record of the child, if appropriate.
(Source: Uniform Parentage Act)
20. (New section). Ratification Barred.
A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged certificate of paternity.
(Source: Uniform Parentage Act)
21. (New section). Full Faith and Credit.
A court of this State shall give full faith and credit to an acknowledgement or denial of paternity effective in another state if the acknowledgement or denial has been signed and is otherwise in compliance with the law of the other state.
(Source: Uniform Parentage Act)
22. (New section). Forms for Certificate and Denial of Paternity.
a. To facilitate compliance with sections 11 through 23 of P.L. , c. (C. ) (pending before the Legislatue as sections 11 through 23 of this bill), the State IV-D agency shall prescribe forms for the certificate of paternity and the denial of paternity.
b. A valid certificate of paternity or denial of paternity is not affected by a later modification of the prescribed form.
(Source: Uniform Parentage Act)
23. (New section). Release of Information.
The State IV-D agency may release information relating to the certificate of paternity or denial of paternity to a signatory of the certificate or denial and to courts and appropriate state or federal agencies of this or another state.
(Source: Uniform Parentage Act)
ARTICLE IV
REGISTRY OF PATERNITY
PART 1
GENERAL PROVISIONS
24. (New section). Establishment of Registry.
A registry of paternity is established in the State IV-D Agency. Sections 24 through 37 of P. L. ,c. (C. )(pending before the Legislature as sections 24 through 37 of this bill) shall not apply in the case of an infant voluntarily delivered into State custody pursuant to the "New Jersey Safe Haven Infant Protection Act," P.L. 2000, c.58 (C.30:4C-15.5 et. seq.).
(Source: Uniform Parentage Act)
25. (New section). Registration for Notification.
a. Except as otherwise provided in subsection b. of this section or section 28 of P.L. , c. (C. )(pending before the Legislature as section 28 of this bill), a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered shall register in the registry of paternity before the birth of the child or within 30 days after the birth.
b. A man is not required to register if:
(1) a father-child relationship between the man and the child has been established under P.L. , c. (C. ) (pending before the Legislature as this bill) or other law; or
(2) the man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.
c. A registrant shall promptly notify the registry in a record of any change in the information registered. The State IV-D Agency shall incorporate all new information received into its records but need not affirmatively seek to obtain current information for incorporation in the registry.
(Source: Uniform Parentage Act)
26. (New section). Notice of Proceeding.
Notice of a proceeding for the adoption of, or termination of parental rights regarding, a child shall be given to a registrant who has timely registered. Notice shall be given in a manner prescribed for service of process in Section 9 of P.L.1977, c.367 (C.9:3-45).
(Source: Uniform Parentage Act)
27. (New section). Termination of Parental Rights: Child Under One Year of Age.
The parental rights of a man who may be the father of a child may be terminated without notice if:
a. the child has not attained one year of age at the time of the termination of parental rights;
b. the man did not register timely with the State IV-D Agency; and
c. the man is not exempt from registration under section 25 of P.L. , c. (C. )(pending before the Legislature as section 25 of this bill).
(Source: Uniform Parentage Act)
28. (New section). Termination of Parental Rights: Child At Least One Year of Age.
a. If a child has attained one year of age, notice of a proceeding for adoption of, or termination of parental rights regarding, the child shall be given to every alleged father of the child, whether or not he has registered with the registry of paternity in the State IV-D agency.
b. Notice shall be given in a manner prescribed for service of process in section 9 of P.L.1977, c.367 (C.9:3-45).
(Source: Uniform Parentage Act)
PART 2
OPERATION OF REGISTRY
29. (New section). Required Form.
The State IV-D agency shall prepare a form for registering with the agency. The form shall require the signature of the registrant. The form shall state that the form is signed under penalty of perjury. The form shall also state that:
a. timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant's parental rights;
b. a timely registration does not commence a proceeding to establish paternity;
c. the information disclosed on the form may be used against the registrant to establish paternity;
d. services to assist in establishing paternity are available to the registrant through the support-enforcement agency;
e. the registrant should also register in another state if conception or birth of the child occurred in the other state;
f. information on registries of other states is available from the State IV-D agency; and
g. procedures exist to rescind the registration of a claim of paternity.
(Source: Uniform Parentage Act)
30. (New section). Furnishing of Information; Confidentiality.
a. The State IV-D agency need not seek to locate the mother of a child who is the subject of a registration, but the State IV-D agency shall send a copy of the notice of registration to a mother if she has provided an address.
b. Information contained in the registry is not a public record. It is confidential and may be released on request only to:
(1) a court or a person designated by the court;
(2) the mother of the child who is the subject of the registration;
(3) an agency authorized under law to receive the information;
(4) a licensed child-placing agency;
(5) a support-enforcement agency;
(6) a party or the party's attorney of record in a proceeding under this act or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the registration; and
(7) the registry of paternity in another state.
(Source: Uniform Parentage Act)
31. (New section). Penalty for Releasing Information.
A person commits a disorderly persons offense if the person purposely or knowingly releases information from the registry to another person or agency not authorized to receive the information under section 30 of P.L. , c. (C. ) (pending before the Legislature as section 30 of this bill).
(Source: Uniform Parentage Act)
32. (New section). Rescission of Registration.
A registrant may rescind his registration at any time by sending to the registry a rescission in a record signed or otherwise authenticated by him, and witnessed or notarized.
(Source: Uniform Parentage Act)
33. (New section). Untimely Registration.
If a man registers more than 30 days after the birth of the child, the State IV-D agency shall notify the registrant that on its face his registration was not filed timely and therefore is not effective.
(Source: Uniform Parentage Act)
34. (New section). Fees for Registry.
a. A fee may not be charged for filing a registration or a rescission of registration.
b. Except as otherwise provided in subsection c., the State IV-D Agency may charge a reasonable fee for making a search of the registry and for furnishing a certificate.
c. A support-enforcement agency is not required to pay a fee authorized by subsection b.
(Source: Uniform Parentage Act)
PART 3
SEARCH OF REGISTRY
35. (New section). Search of Appropriate Registry.
a. If a father-child relationship has not been established under this act for a child under one year of age, a petitioner for adoption of, or termination of parental rights regarding, the child, shall obtain a certificate of search of the registry of paternity.
b. If a petitioner for adoption of, or termination of parental rights regarding, a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner shall also obtain a certificate of search from the registry of paternity, if any, in that state.
(Source: Uniform Parentage Act)
36. (New section). Certificate of Search of Registry.
a. The State IV-D agency shall furnish to the requester a certificate of search of the registry on request of an individual, court, or agency identified in section 30 of P.L. , c. (C. )(pending before the Legislature as section 30 of this bill).
b. A certificate provided by the State IV-D agency shall be signed on behalf of the agency and state that:
(1) a search has been made of the registry; and
(2) a registration containing the information required to identify the registrant:
(a) has been found and is attached to the certificate of search; or
(b) has not been found.
c. A petitioner shall file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.
(Source: Uniform Parentage Act)
37. (New section). Admissibility of Registered Information.
A certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.
(Source: Uniform Parentage Act)
ARTICLE V.
GENETIC TESTING
38. (New section). Scope of Article V.
Sections 38 through 48 of P.L. , c. (C . )(pending before the Legislature as sections 38 through 48 of this bill) governs genetic testing of an individual to determine parentage, whether the individual:
(1) voluntarily submits to testing; or
(2) is tested pursuant to an order of the court or support-enforcement agency.
(Source: Uniform Parentage Act)
39. (New section). Order for Testing.
a. Except as otherwise provided in section 38 through 71 of P.L. , c. (C. )(pending before the Legislature as sections 38 through 71 of this bill), the county welfare agency shall require or the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:
(1) alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or
(2) denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
b. The county welfare agency may require genetic testing only if there is no presumed, acknowledged or adjudicated father.
c. If a request for genetic testing of a child is made before birth, the court or county welfare agency may not order or require in-utero testing.
d. If two or more men are subject to genetic testing ordered by the court or required by the county welfare agency, the testing may be ordered concurrently or sequentially.
(Source: Uniform Parentage Act)
40. (New section). Requirements for Genetic Testing.
a. Genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
(1) the American Association of Blood Banks, or a successor to its functions;
(2) the American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or
(3) an accrediting body designated by the federal Secretary of Health and Human Services.
b. A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.
c. Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory's choice, the following rules apply:
(1) The individual objecting may require the testing laboratory, within 30 days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory.
(2) The individual objecting to the testing laboratory's initial choice shall:
(a) if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(b) engage another testing laboratory to perform the calculations.
(3) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.
d. If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under section 42 of P.L. , c. (C. )(pending before the Legislature as section 42 of this bill), an individual who has been tested may be required to submit to additional genetic testing.
(Source: Uniform Parentage Act)
41. (New section). Report of Genetic Testing.
a. A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of sections 38 through 48 of P.L. , c. (C. )(pending before the Legislature as sections 38 through 48 of this bill) is self-authenticating.
b. Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
(1) the names and photographs of the individuals whose specimens have been taken;
(2) the names of the individuals who collected the specimens;
(3) the places and dates the specimens were collected;
(4) the names of the individuals who received the specimens in the testing laboratory; and
(5) the dates the specimens were received.
(Source: Uniform Parentage Act)
42. (New section). Genetic Testing Results; Rebuttal.
a. Under this act, a man is rebuttably identified as the father of a child if the genetic testing complies with sections 38 through 48 of P.L. ,c. (C. )(pending before the Legislature as sections 38 through 48 of this bill) and the results disclose that:
(1) the man has at least a 99% probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and
(2) a combined paternity index of at least 100 to 1.
b. A man identified under subsection a. of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of sections 38 through 48 of P.L. ,c. (C. )(pending before the Legislature as sections 38 through 48 of this bill) which:
(1) excludes the man as a genetic father of the child; or
(2) identifies another man as the possible father of the child.
c. Except as otherwise provided in section 47 of P.L. , c. (C. )(pending before the Legislature as section 47 of this bill), if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.
(Source: Uniform Parentage Act)
43. (New section). Cost of Genetic Testing.
a. Subject to assessment of costs under sections 49 through 71 of P.L. , c. (C. )(pending before the Legislature as sections 49 through 71 of this bill), the cost of initial genetic testing shall be advanced:
(1) by a support-enforcement agency in a proceeding in which the support-enforcement agency is providing services;
(2) by the individual who made the request;
(3) as agreed by the parties; or
(4) as ordered by the court.
b. In cases in which the cost is advanced by the support-enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.
(Source: Uniform Parentage Act)
44. (New section). Additional Genetic Testing.
The court shall order or the support-enforcement agency shall require one additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under section 42 of P.L. , c. (C. )(pending before the Legislature as section 42 of this bill), the court or agency may not order or require additional testing unless the party provides advance payment for the testing.
(Source: Uniform Parentage Act)
45. (New section). Genetic Testing When Specimens Not Available.
a. Subject to subsection b. of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:
(1) the parents of the man;
(2) brother and sisters of the man;
(3) other children of the man and their mothers; and
(4) other relatives of the man necessary to complete genetic testing.
b. Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the person sought to be tested.
(Source: Uniform Parentage Act)
46. (New section). Deceased Individual.
For good cause shown, the court may order genetic testing of a deceased individual.
(Source: Uniform Parentage Act)
47. (New section) Identical Brothers.
a. The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.
b. If each brother satisfies the requirements as the identified father of the child under section 42 of P.L. , c. (C. )(pending before the Legislature as section 42 of this bill) without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
(Source: Uniform Parentage Act)
48. (New section). Confidentiality of Genetic Testing.
a. Release of the report of genetic testing for parentage is controlled by the laws of this State and the "Genetic Privacy Act," P.L.1996, c.126 (C.10:5-43). Reports of genetic testing are confidential and are not public records.
b. A person who knowingly or purposely releases an identifiable specimen of another person for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the person who furnished the specimen commits a violation pursuant to section 10 of P.L.1996, c.126 (C.10:5-49).
(Source: Uniform Parentage Act)
ARTICLE VI.
PROCEEDING TO ADJUDICATE PARENTAGE
PART 1
NATURE OF PROCEEDING
49. (New section). Proceeding Authorized.
A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Rules of Court.
(Source: Uniform Parentage Act)
50. (New section). Standing to Maintain Proceeding.
Subject to sections 11 through 23 of P.L. , c. (C. )(pending before the Legislature as sections 11 through 23 of this bill) and section sections 55 and 57 of P.L. , c. (C. )(now pending before the Legislature as sections 55 and 57 of this bill), a proceeding to adjudicate parentage may be maintained by:
a. the child;
b. the mother of the child;
c. a man whose paternity of the child is to be adjudicated;
d. the Department of Human Services or the county welfare agency;
e. an authorized adoption agency or licensed child-placing agency; or
f. a representative
authorized by law to act for an individual who would otherwise be entitled to
maintain a proceeding but who
is deceased, incapacitated, or a minor.
(Source: Uniform Parentage Act)
51. (New section). Parties to Proceeding.
The following individuals shall be joined as parties in a proceeding to adjudicate parentage:
a. the mother of the child; and
b. a man whose paternity of the child is to be adjudicated.
(Source: Uniform Parentage Act)
52. (New section). Personal Jurisdiction.
a. An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
b. A court of this State having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in the "Uniform Interstate Family Support Act," P.L.1998, c.2 (C. 2A:4-30.65 et seq.) are fulfilled.
c. Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
(Source: Uniform Parentage Act)
53. (New section). Venue.
Venue for a proceeding to adjudicate parentage is in the county of this State in which:
a. the child resides or is found;
b. the respondent resides or is found if the child does not reside in this State; or
c. a proceeding for probate or administration of the presumed or alleged father's estate has been commenced.
(Source: Uniform Parentage Act)
54. (New section). No Limitation: Child Having No Presumed, Acknowledged, or Adjudicated Father.
A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after:
a. the child becomes an adult, but only if the child initiated the proceeding; or
b. an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.
(Source: Uniform Parentage Act)
55. (New section). Limitation: Child Having Presumed Father.
a. Except as otherwise provided in subsection b. of this section, a proceeding brought by a presumed father, the mother, or another individual with standing under section 50 of P.L. , c. (C. )(pending before the Legislature as section 50 of this bill) to adjudicate the parentage of a child having a presumed father shall be commenced not later than two years after the birth of the child.
b. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that:
(1) the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and
(2) the presumed father never openly held the child out as his own.
(Source: Uniform Parentage Act)
56. (New section). Authority to Deny Motion for Genetic Testing.
a. In a proceeding to adjudicate parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged father if the court determines that:
(1) the conduct of the mother or the presumed father or acknowledged father estops that party from denying parentage; and
(2) it would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.
b. In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:
(1) the length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;
(2) the length of time during which the presumed or acknowledged father has assumed the role of father of the child;
(3) the facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity;
(4) the nature of the relationship between the child and the presumed or acknowledged father;
(5) the age of the child;
(6) the harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
(7) the nature of the relationship between the child and any alleged father;
(8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.
c. In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.
d. Denial of a motion seeking an order for genetic testing must be based on clear and convincing evidence.
e. If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child.
(Source: Uniform Parentage Act)
57. (New section). Limitation: Child Having Acknowledged or Adjudicated Father.
a. If a child has an acknowledged father, a signatory to the certificate of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgement or denial or challenge the paternity of the child only within the time allowed under sections 17 and 18 of P.L. , c. (C. )(pending before the Legislature as sections 17 and 18 of this bill).
b. If a child has an acknowledged father or an adjudicated father , an individual with standing under section 50 of P.L. , c. (C. )(pending before the Legislature as section 50 of this bill), other than the child, who is neither a signatory to the certificate of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two years after the effective date of the acknowledgement or adjudication.
c. A procedure under this section is subject to an application of the principles of estoppel established under section 56 of P.L. , c. (C. )(pending before the Legislature as section 56 of this bill).
(Source: Uniform Parentage Act)
58. (New section). Joinder of Proceeding.
a. Except as otherwise provided in subsection b. of this section, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, legal separation or separate maintenance, probate or administration of an estate, or other appropriate proceeding.
b. A respondent may not join a proceeding described in subsection a. with a proceeding to adjudicate parentage brought under the "Uniform Interstate Family Support Act," P.L.1998, c.2 (C.2A:4-30.65 et seq.)
(Source: Uniform Parentage Act)
59. (New section). Proceeding Before Birth.
A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:
a. service of process;
b. discovery; and
c. except as prohibited by section 39 of P.L. , c. (C. )(pending before the Legislature as section 39 of this bill), collection of specimens for genetic testing.
(Source: Uniform Parentage Act)
60. (New section). Child as Party; Representation.
a. A minor child is a permissible party, but is not a necessary party to a proceeding under sections 49 through 71 of P.L. , c. (C. )(pending before the Legislature as sections 49 through 71 of this bill).
b. The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.
(Source: Uniform Parentage Act)
PART 2
SPECIAL RULES FOR PROCEEDING TO
ADJUDICATE PARENTAGE
61. (New section). Admissibility of Results of Genetic Testing: Expenses.
a. Except as otherwise provided in subsection c. of this section, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 10 days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:
(1) voluntarily or pursuant to an order of the court or a support-enforcement agency; or
(2) before or after the commencement of the proceeding.
b. A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, video conference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.
c. If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(1) with the consent of both the mother and the presumed, acknowledged, or adjudicated father; or
(2) pursuant to an order of the court under section 39 of P.L. , c. (C. )(now pending before the Legislature as section 39 of this bill).
d. Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish:
(1) the amount of the charges billed; and
(2) that the charges were reasonable, necessary, and customary.
(Source: Uniform Parentage Act)
62. (New section). Consequences of Declining Genetic Testing.
a. An order for genetic testing is enforceable by contempt.
b. If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual.
c. Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
(Source: Uniform Parentage Act)
63. (New section). Admission of Paternity Authorized.
a. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
b. If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
(Source: Uniform Parentage Act)
64. (New section). Temporary Order.
a. In a proceeding under sections 49 through 71 of P.L. , c. (C. )(pending before the Legislature as sections 49 through 71 of this bill), the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father through genetic testing under section 42 of P.L. , c. (C. )(pending before the Legislature as section 42 of this bill);
(4) an alleged father who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be the father of the child; or
(6) the mother of the child.
b. A temporary order may include provisions for custody and visitation as provided by other law of this State.
(Source: Uniform Parentage Act)
PART 3
HEARING AND ADJUDICATION
65. (New section). Rules for Adjudication of Paternity.
The court shall apply the following rules to adjudicate the paternity of a child:
a. The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
b. Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under section 42 of P.L. , c. (C. )(pending before the Legislature as section 42 of this bill) must be adjudicated the father of the child.
c. If the court finds that genetic testing under section 42 of P.L. , c. (C. )(pending before the Legislature as section 42 of this bill) neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
d. Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
(Source: Uniform Parentage Act)
66. (New section). Jury Prohibited.
The court, without a jury, shall adjudicate paternity of a child.
(Source: Uniform Parentage Act)
67. (New section ). Hearing; Inspection of Records.
a. Notwithstanding any other law concerning public hearings, any action or proceeding held under this act shall be held in closed court without admittance of any person other than those necessary to the action or proceeding.
b. A final order in a proceeding under sections 49 through 71 of P.L. , c. (C. )(pending before the Legislature as sections 49 through 71 of this bill) is available for public inspection. Other papers and records are not public records and are available only with the consent of the parties or on order of the court for good cause, unless otherwise protected by State or Federal law.
(Source: Uniform Parentage Act)
68. (New section). Order on Default.
The court shall issue an order adjudicating the paternity of a man who:
a. after service of process, is in default; and
b. is found by the court to be the father of a child.
(Source: Uniform Parentage Act)
69. (New section). Dismissal for Want of Prosecution.
The court may issue an order dismissing a proceeding commenced under this act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
(Source: Uniform Parentage Act)
70. (New section). Order Adjudicating Parentage.
a. The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
b. An order adjudicating parentage must identify the child by names and date of birth.
c. Except as otherwise provided in subsection d. of this section, the court may assess filing fees, reasonable attorney's fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this article. The court may award attorney's fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.
d. The court may not assess fees, costs, or expenses against the support-enforcement agency of this State or another State, except as provided by other law.
e. On request of a party and for good cause shown, the court may order that the name of the child be changed.
f. If the order of the court is at variance with the child's birth certificate, the court shall order the Bureau of Vital Statistics to issue an amended birth registration.
(Source: Uniform Parentage Act)
71. (New section). Binding Effect of Determination of Parentage.
a. Except as otherwise provided in subsection b. of this section , a determination of parentage is binding on:
(1) all signatories to an acknowledgement or denial of paternity as provided in sections 11 through 23 of P.L. , c. (C. )(pending before the Legislature as sections 11 through 23 of this bill); and
(2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of the "Uniform Interstate Family Support Act," P.L.1998, c.2 (C.2A:4-30.65 et seq.).
b. A child is not bound by a determination of parentage under this act unless:
(1) the determination was based on an unrescinded certificate of paternity and the acknowledgement is consistent with the results of genetic testing;
(2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or
(3) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem.
c. In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of "Uniform Interstate Family Support Act," P.L.1998, c.2 (C.2A:4-30.65 et seq.) and the final order:
(1) expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or
(2) provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
d. Except as otherwise provided in subsection b. of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
e. A party to an adjudication of paternity may challenge the adjudication only under the law of this State relating to appeal, vacation of judgments, or other judicial review.
(Source: Uniform Parentage Act)
ARTICLE VII
CHILD OF ASSISTED REPRODUCTION
72. (New section). Scope of Article VII.
This article does not apply to the birth of a child conceived by means of sexual intercourse.
(Source: Uniform Parentage Act)
73. (New section). Parental Status of Donor.
A donor is not a parent of a child conceived by means of assisted reproduction, unless the donor and the woman have entered into a written contract to the contrary.
(Source: Uniform Parentage Act)
74. (New section). Paternity of Child of Assisted Reproduction.
A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in section 75 of P.L. , c. (C. )(pending before the Legislature as section 75 of this bill) with the intent to be the parent of her child, is a parent of a resulting child.
(Source: Uniform Parentage Act)
75. (New section). Consent to Assisted Reproduction.
a. Consent by a woman and a man who intends to be a parent of a child born to the woman by assisted reproduction shall be in a record signed by the woman and the man. The physician performing the procedure must certify the signatures and the date of the assisted reproduction procedure upon forms provided by the Department of Health, and shall file the consent with the Department of Health, where it shall be kept confidential and in a sealed file. However, the physician's failure to do so shall not affect the father-child relationship. All papers and records pertaining to the assisted reproduction procedure, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for compelling reasons clearly and convincingly shown. This requirement does not apply to a donor.
b. Failure to sign a consent required by subsection a. of this section, before or after the birth of the child, does not preclude a finding of paternity if the woman and the man, during the first two years of the child's life reside together in the same household with the child and openly held out the child as their own.
(Source: Uniform Parentage Act)
76. (New section). Limitation on Husband's Dispute of Paternity.
a. Except as otherwise provided in subsection b., the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
(1) within two years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(2) the court finds that he did not consent to the assisted reproduction, before or after the birth of the child.
b. A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(1) the husband did not provide sperm for, or before or after the birth of the child consent to, assisted reproduction by his wife;
(2) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) the husband never openly held out the child as his own.
c. The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
(Source: Uniform Parentage Act)
77. (New section). Effect of Dissolution of Marriage.
a. If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
b. The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm, or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.
(Source: Uniform Parentage Act)
78. (New section). Parental Status of Deceased Spouse.
If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
(Source: Uniform Parentage Act)
ARTICLE VIII
MISCELLANEOUS PROVISIONS
79. (New section). Uniformity of Application and Construction.
In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Source: Uniform Parentage Act)
80. (New section). Severability Clause.
If any provision of this act or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
(Source: Uniform Parentage Act)
81. Transitional Provision.
A proceeding to adjudicate parentage which was commenced before the effective date of this act is governed by the law in effect at the time the proceeding was commenced.
(Source: Uniform Parentage Act)
82. (New section) Adoption of Rules.
The State IV-D agency in consultation with the Administrative Office of the Courts may promulgate rules and regulations pursuant to the "Administrative Procedure Act, " P.L.1968, c.410 (C.52:14B-1 et seq. ) to implement the provisions of this act.
(Source: Uniform Parentage Act)
83. N.J.S.3B:5-10 is amended to read as follows:
3B:5-10. If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from an individual, in cases not covered by N.J.S.3B:5-9, an individual is the child of the individual's parents regardless of the marital state of the individual's parents, and the parent and child relationship may be established as provided by the ["New Jersey Parentage Act," P.L.1983, c.17 (C.9:17-38 et seq.)] "New Jersey Parentage Act of 2003, "P.L. ,c. (C. )(now pending before the Legislature as this bill). [The parent and child relationship may be established for purposes of this section regardless of the time limitations set forth in subsection b. of section 8 of P.L.1983, c.17 (C.9:17-45).]
(cf: P.L. 2004, c.132, s.52)
84. R.S.26:8-28 is amended to read as follows:
26:8-28. a. Within five days after each birth, there shall be filed with the local registrar of the district in which the birth occurred a certificate of the birth filled out with durable black or blue ink in a legible manner. The name of the father shall be included on the record of birth of the child of unmarried parents only if the father and mother have signed a voluntary [acknowledgment] certificate of paternity pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill); or a court or an administrative agency of competent jurisdiction has issued an adjudication of paternity.
Nothing in this section shall preclude the State IV-D agency from obtaining an admission of paternity from the father for submission in a judicial or administrative proceeding, or prohibit the issuance of an order in a judicial or administrative proceeding which bases a legal finding of paternity on an admission of paternity by the father and any other additional showing required by State law.
b. As part of the birth record, all information required by the State IV-D agency pursuant to section 7 of P.L.1994, c.164 (C.26:8-28.1) shall be recorded on a separate form provided or approved by the State registrar pursuant to subsection c. of R.S.26:8-24, and filed with the State IV-D agency pursuant to R.S.26:8-30 and R.S.26:8-31 for the establishment and enforcement of child support matters in the State. For the purposes of this subsection, "State IV-D agency" means the agency in the Department of Human Services designated to administer the Title IV-D Child Support Program.
c. The State registrar shall require each parent to provide his Social Security number in accordance with procedures established by the State registrar. The Social Security numbers furnished pursuant to this section shall be used exclusively for child support enforcement purposes.
d. The certificate of birth shall include the blood type of the child.
(cf: P.L.1998, c.1, s.42).
85. Section 7 of P.L.1994, c.164 (C.26:8-28.1) is amended to read as follows:
7. A [Certificate of Parentage] certificate of paternity may serve to satisfy the method of collection of Social Security numbers as required pursuant to subsection c. of R.S.26:8-28 and shall serve as the voluntary [acknowledgment] certificate of paternity by a father. The [Certificate of Parentage] certificate of paternity shall contain, at a minimum, the following information:
a. a sworn statement by the father that he is the natural father of the child;
b. the Social Security numbers, except in those cases in which a person is ineligible to apply for one, and addresses of the father and mother;
c. the signature of the mother and father authenticated by a witness or notary; and
d. instructions for filing the [Certificate of Parentage] certificate of paternity with the agency designated by the State IV-D agency.
In addition, the State IV-D agency, in cooperation with birthing centers and hospitals providing maternity services and social services or health care providers as designated by the Commissioner of Human Services that may provide voluntary [acknowledgment or] certificate of paternity services, shall provide information orally, or through the use of video or audio equipment, and in writing to the father and mother of the child explaining the implications of signing a [Certificate of Parentage] certificate of paternity, including the parental rights, responsibilities and financial obligations, as well as the availability of paternity establishment services and child support enforcement services.
(cf: P.L.1998, c.1, s.43)
86. R.S.26:8-30 is amended to read as follows:
26:8-30. The attending physician, midwife or person acting as the agent of the physician or midwife, who was in attendance upon the birth shall be responsible for the proper execution and return of a certificate of birth, which certificate shall be upon the form provided or approved by the [State department] Department of Health and Senior Services, and for making available to the mother and biological father a [Certificate of Parentage,] certificate of paternity pursuant to P.L. ,c. (C. )(now pending before the Legislature as this bill), along with related information as required by the State IV-D agency and pursuant to section 452(a)(F) of the federal Social Security Act (42 U.S.C. s.652(a)(F). It shall be the responsibility of personnel at the hospital or birthing facility to offer an opportunity to the child's mother and biological father to execute a [Certificate of Parentage] certificate of paternity. Failure of the biological father or mother to execute the [Certificate of Parentage] certificate of paternity and the date of the request shall be noted on the [Certificate of Parentage] certificate of paternity. The [Certificate of Parentage] certificate of paternity shall be filed with the State IV-D agency or its designee. Establishment and enforcement of child support matters shall not be permitted when a legal action is pending in the case, such as adoption, or State law prohibits such intervention.
For the purposes of this section, "State IV-D agency" means the agency in the Department of Human Services designated to administer the Title IV-D Child Support Program.
A signed voluntary [acknowledgment] certificate of paternity may be challenged in court within 60 days from the date of the signing of the [Certificate of Parentage] certificate of paternity or by the date of the establishment of a support order to which the signatory is a party, whichever date is earlier. The challenge may be made only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and the legal responsibilities of any signatory arising from the [acknowledgment] certificate of paternity may not be suspended during the challenge, except for good cause shown. A signed [voluntary acknowledgment] certificate of paternity shall be considered a legal finding of paternity with the same force and effect as a court order or judgment establishing paternity. No judicial or administrative proceedings are required to ratify an unchallenged [acknowledgment] certificate of paternity.
(cf: P.L.1998, c.20,s.5).
87. R.S.26:8-31 is amended to read as follows:
26:8-31. In case there is no physician, midwife, or person acting as the agent of the physician or midwife, in attendance upon the birth, it shall be the duty of one of the following persons in the order named to file the birth certificate with the local registrar and file the [Certificate of Parentage] certificate of paternity, pursuant to P.L. ,c. (C. ) (now pending before the Legislature as this bill), with the State IV-D agency or its designee :
a. The father or mother of the child;
b. The manager or superintendent of the public or private institution in which the birth occurred.
(cf : P.L.1994,c.164,s.5).
88. The following are repealed:
Laws of P.L.1983, c.17, ss.1-22 (C.9:17-38 through 9:17-59);
Laws of P.L.1994, c.164, s.164 (C.9:17-52.1);
89. This act shall take effect 60 days following enactment.
STATEMENT
This bill repeals the existing "New Jersey Parentage Act," N.J.S.A.9:17-38 et.seq. and enacts the "New Jersey Parentage Act of 2003," which incorporates most of the provisions of the "Uniform Parentage Act" promulgated by the National Conference of Commissioners on Uniform Laws (2000), as amended in 2002.
This bill would add a new chapter 17C to Title 9 of the Revised Statutes and amends appropriate existing provisions of law in Titles 3B and 26 of the New Jersey Statutes that concern parentage. Although some provisions are new, the bill retains substantial provisions from the existing New Jersey Parentage Act. In many cases this bill provides more detail as to the procedures and law that apply, and updates certain provisions to reflect current law or technology. This bill revises the existing procedures with regard to the determination of the parent-child relationship, certificates of paternity and genetic testing to provide consistency with the law and the new scientific developments in this field.
Sections 2 through 6 of the bill. Section 2 of the bill enumerates the definitions to be used with regard to the new act. An "adjudicated father" is defined as a man who has been adjudicated by a court or tribunal of competent jurisdiction to be the father of a child. An "alleged father" is defined as a man who alleged or alleges himself to be the genetic father or possible genetic father but whose paternity has not been established. A presumed father is defined as a man who, by operation of law, is recognized as the father of the child until the status is rebutted or confirmed by a judicial proceeding. An "acknowledged father" is one who has acknowledged paternity through the voluntary process provided. A "child" means a person of any age whose parentage may be determined under the bill.
Section 4 of the bill provides that the Superior Court, Chancery Division, Family Part would continue to have jurisdiction over parentage proceedings.
Section 5 provides that the provisions of the bill pertaining to the establishment of paternity also apply to determinations of maternity.
Sections 7 through 10. Establishment of Parent-Child Relationship. In sections 7 through 9 the bill reaffirms the principle that children born to unmarried parents have the same rights under law as those born to married parents. It also provides that a parent-child relationship established under the bill applies for all purposes, unless parental rights are terminated. The bill provides that a mother-child relationship is established between a woman and a child by the woman's having given birth to the child; an adjudication of the woman's maternity; or an adoption of the child by the woman. A father-child relationship is established between a man and a child by an unrebutted presumption of the man's paternity of the child under this bill; an effective certificate of paternity by the man, unless the certificate has been rescinded or successfully challenged; an adjudication of the man's paternity; adoption of the child by the man; or the man's having consented to assisted reproduction by a woman resulting in the birth of the child.
Section 10 provides that a presumption of paternity established under the bill may be rebutted only by an adjudication of paternity.
Sections 11 through 23. Voluntary certificates of paternity. In these sections the bill reiterates and updates procedures for the voluntary acknowledgement of paternity through execution of a valid certificate of paternity, and set forth the required elements for a certificate of paternity. The certificate of paternity continues to be equivalent to an adjudication of paternity of a child, and a valid denial of paternity would be equivalent to an adjudication of nonpaternity.
A presumed father may sign a denial of paternity, but it is not valid unless a certificate of paternity signed by another man is appropriately filed in accordance with the provisions of the bill. A certificate of paternity or a denial of paternity may be rescinded by commencing a proceeding to rescind in accordance with this section. A party may challenge a certificate of paternity or denial of paternity on the basis of fraud, duress or material mistake of fact only within two years after the acknowledgement or denial has been filed. During the pendency of the challenge, the court may not suspend the legal responsibilities of a signatory arising from the certificate, including the duty to pay child support, except for good cause shown.
Sections 24 through 37. Paternity Registry. In these sections a paternity registry is created in the State IV-D Agency. This registry would protect a claim of paternity from summary termination and facilitates adoptions. Under the provisions of this section, a man who wishes to be notified of an adoption or termination proceeding of a child he has fathered would be required to register before the birth of the child or within 30 days after the birth unless he has established a father-child relationship with the child or has commenced a proceeding to adjudicate his paternity prior to the termination of his parental rights by a court. A registrant could rescind his registration at any time.
A man's parental rights may be terminated without notice if: (1) the child has not attained one year of age at the time of the termination of parental rights; (2) the man did not register timely with the State IV-D Agency; and (3) the man is not exempt from the registration under the provisions of the bill. If a child has attained one year of age, notice of a proceeding for adoption or notice of termination of parental rights would be required to be given to every alleged father of the child, whether or not he has registered.
Prior to an adoption proceeding, the petitioner must obtain a search of the registry of this State and any other state in which the conception or birth of the child may have occurred. The IV-D agency will provide a certificate of search and the results of the search, to the requester.
All information contained in the registry would be deemed confidential and could be released only to those specified in this section. The bill would make it a disorderly persons offense for any person to purposely or knowingly release information from the registry to another person or agency not authorized to receive the information.
This section does not apply in the case of an infant surrendered under the "New Jersey Safe Haven Infant Protection Act," N.J.S.A. 30:4C-15.5.
Sections 38 through 48. Genetic Testing. In these sections genetic testing guidelines would be established. Under the provisions of these sections, which are similar to current law, if a person requests testing and that request is supported by the sworn statement of an individual involved alleging paternity and stating facts establishing a reasonable probability that the requisite sexual contact existed between the individuals, or denying paternity and stating facts establishing a possibility that such contact between the parties, if any, did not result in conception, the county welfare agency or the court can order genetic testing of the child and other designated persons. This section also sets forth requirements and qualifications for the testing procedure, which comply with federal requirements. A man is rebuttably identified as the father if the test results disclose that the man has at least 99% probability of paternity and a combined paternity index of 100 to 1.
The provisions in these sections would also provide procedures for testing in cases in which a genetic testing specimen is not available from the alleged father, the alleged father is deceased or the alleged father has an identical brother.
Sections 49 through 71. Proceeding to Adjudicate Parentage. In these sections standing would be granted to a broad range of persons and agencies to bring a parentage action. A proceeding may be maintained by the child, the mother of the child, the man whose paternity is to be adjudicated, the Department of Human Services or the county welfare agency, an adoption agency, or a representative authorized to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated or a minor. Rules would also be set for venue, jurisdiction, default and joinder, and requires appointment of a guardian ad litem if the child is a party to the proceeding.
These sections also divide parentage actions into those actions where no presumed, acknowledged or adjudicated father exists and those actions where a presumed father exists. If there is no presumed, acknowledged or adjudicated father a parentage action may be brought at any time even after: the child becomes an adult, but only if the child initiated the proceeding; or the earlier proceeding to adjudicate paternity has been dismissed based on the statute of limitations then in effect.
If there is a presumed father the action must be commenced not later than two years after the birth of the child. However, a proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that the presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception and the presumed father never openly held the child out as his own.
These sections would also incorporate the doctrine of paternity by estoppel. The court may deny genetic testing if it determines that the conduct of the mother or the presumed father estops that party from denying parentage and it would be inequitable to disprove the father-child relationship which existed between the presumed father and the child. In making its determination the court shall consider the enumerated factors. Any denial of the motion must be based on clear and convincing evidence.
In addition, the bill would assign responsibility for payment of genetic testing fees, specify consequences for noncompliance with a genetic testing order and establish the controlling supremacy of admissible genetic test results in the adjudication of paternity. If test results are admissible, those results control unless other test results create a conflict rebutting the admitted results. The court would be required to issue an order for temporary support if appropriate. Upon conclusion of the proceedings, the court would be required to issue an order adjudicating whether the alleged father is the father of the child.
A determination of parentage would be binding on all the signatories to an acknowledgement or denial of paternity and all parties to an adjudication by a court. A child would be bound by a determination of parentage only under certain circumstances. A divorce decree would constitute a determination of paternity if the decree states that the child was born of the marriage or orders child support.
Section 72 through 78. Assisted Reproduction. In these sections the law is updated regarding determination of parentage when a child is born by means of assisted reproduction. The consent and record keeping requirements in the current case law are retained, however specific procedures are provided. The term "assisted reproduction" is defined in terms appropriate for the current state of the technology. These sections also address situations in which one of the parents has died, or the parties have divorced, before the placement of the eggs, sperm or embryos and allows for withdrawal of consent at any time prior to the placement of the eggs, sperm or embryos.
Section 79 through 82. Miscellaneous Provisions. These sections provide for those provisions concerning uniformity of application of the bill's provisions, severability clauses, transitional provisions and provides for the adoption of rules.
Sections 83 through 89. In these sections various technical changes are made to the current law to correct the internal references to certificates of parentage. These certificates of parentage will be known as "certificates of paternity."
In addtion, the bill would repeal those sections of the current law which have been obviated by the bill. The bill would take effect 60 days following enactment.
