ASSEMBLY, No. 2283

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 18, 2010

 


 

Sponsored by:

Assemblyman  ALEX DECROCE

District 26 (Morris and Passaic)

 

 

 

 

SYNOPSIS

     Requires genetic testing to determine paternity in non-dissolution cases.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain genetic testing and supplementing Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding any other provision of law to the contrary,  in any non-dissolution action where the issue of child support is at issue and where the existence or nonexistence of a parent and child relationship is at issue, the court shall order that the child, the mother and the alleged father submit to a genetic test to determine the existence or nonexistence of a parent and child relationship.

     b.    The court shall direct that the test be of a type generally acknowledged as reliable by an accredited body designated by the Secretary of the United States Department of Health and Human Services and be performed by a laboratory approved by such an accredited body.

     c.     The test results, together with the opinions and conclusions of the test laboratory, shall be filed with the court.  Upon the entry of the order for scientific testing, the court shall inform each person to be tested of the procedure and requirements for objecting to the test results and of the consequences of the failure to object.

     d.    Test results are admissible in evidence and shall be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95%. A statistical probability of paternity of 95% or greater creates a rebuttable presumption, pursuant to section 6 of P.L.1983, c.17 (9:17-43), that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of 95% or greater, the court may enter a summary judgment of paternity.  If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.

     e.     If the genetic test results demonstrate that the alleged father is the father of the child the court shall issue an order directing the appropriate party to the proceeding concerning the duty of support, the custody and guardianship of the child and parenting time privileges with the child.

     f.     If the genetic test results demonstrate that the alleged father is not the father of the child, the court shall issue an order which shall state that the man alleged or claiming to be the father is not the parent of the child.

     g.     If the order of the court is at variance with the child's birth certificate, the court shall order  the State Registrar of Vital Statistics or the local registrar, as the case may be, to correct the birth certificate.


     h.     Refusal to submit to a blood test or genetic test, or both, is subject to the contempt power of the court.

     i.      As used in this section:

     "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins or any other medically recognized test which may be developed and become available in order to identify a predisposing genetic characteristic.

     "Genetic characteristic" means any inherited gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that in any non-dissolution action where the issue of child support is at issue and where the existence or nonexistence of a parent and child relationship is at issue, the court shall order that the child, the mother and the alleged father submit to a genetic test to determine paternity.  The test results, together with the opinions and conclusions of the test laboratory, would be filed with the court.  Upon the entry of the order for scientific testing, the court would inform each person to be tested of the procedure and requirements for objecting to the test results and of the consequences of the failure to object.

     Test results would be admissible in evidence and weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95%.  A statistical probability of paternity of 95% or greater would create a rebuttable presumption that the alleged father is the biological father of the child.  The bill provides that if the genetic test results demonstrate that the alleged father is the father of the child, the court would issue an order directing the appropriate party to the proceeding concerning the duty of support, the custody and guardianship of the child and parenting time privileges with the child.

     However, if the genetic test results demonstrate that the alleged father is not the father of the child, the court would issue an order stating that the man alleged or claiming to be the father is not the parent.

     Refusal to submit to a blood test or genetic test would be subject to the contempt power of the court.