ASSEMBLY, No. 390

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman HECK

 

 

An Act concerning paternity and amending P.L.1983, c.17.

 

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

 

    1. Section 4 of P.L.1983, c.17 (C.9:17-41) is amended to read as follows:

    4. The parent and child relationship between a child and:

    a. The natural mother, may be established by proof of her having given birth to the child, or under this act;

    b. The natural father, may be established by proof that his paternity has been adjudicated under prior law; under the laws governing probate; by an order of a court of competent jurisdiction in another state; by a signed acknowledgement of paternity taken upon the birth of a child from the father, consented to by the mother and sworn by a notary; or under this act. An acknowledgement of paternity shall have the same legal effect as a judgment entered pursuant to section 16 of P.L.1983, c.17 (C.9:17-53). The acknowledgement of paternity shall be provided to the mother and natural father in accordance with regulations promulgated by the Department of Human Services;

    c. An adoptive parent, may be established by proof of adoption;

    d. The natural mother or the natural father, may be terminated by an order of a court of competent jurisdiction in granting a judgment of adoption or as the result of an action to terminate parental rights.

(cf: P.L.1983, c.17, s.4)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill permits the establishment of legal paternity through a sworn acknowledgement of paternity by the father upon the birth of a child, in the hospital, rather than using the court process. The hospital would be authorized to process acknowledgements of paternity by the father and consented to by the mother. The bill provides that the acknowledgement would have the same legal effect as a judgment entered by a court.

 

 

 

Permits establishment of legal paternity through a sworn acknowledgement in the hospital.