ASSEMBLY, No. 2135

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 10, 1996

 

 

By Assemblyman LeFEVRE

 

 

An Act concerning time limitations on establishing the parent-child relationship and amending N.J.S.3B:5-10.

 

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

 

    1. N.J.S.3B:5-10 is amended to read as follows:

    3B:5-10. Establishment of Parent-Child Relationship.

    If, for the purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, in cases not covered by N.J.S.3B:5-9, a person is the child of the person's parents regardless of the marital state of the person'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.). 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.1991, c.22, s.1).

 

    2. This act shall take effect immediately and shall apply to any pending matter for which the time limitations set forth in Title 3B of the New Jersey Statutes have not expired.

 

 

STATEMENT

 

    This bill amends N.J.S.3B:5-10 to clarify that the limitations on actions under the "New Jersey Parentage Act" which is set at no more than 5 years after the child attains the age of majority shall not apply to actions under the probate act solely for the purpose of establishing the parent and child relationship as permitted by N.J.S.3B:5-10. That section of the probate code concerns intestate succession. The parent and child relationship must be established to determine succession by, through or from a person.

    The "New Jersey Parentage Act" already provides in subsection f. of N.J.S.A.9:17-45 that it does not extend the time within which a right of inheritance or a right to succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise. Thus, the provisions of the probate code control the limitations for claims on distribution of an intestate estate. However, this bill clarifies that the general time limitations of the "Parentage Act" as set forth in subsection b. of N.J.S.A.9:17-45 do not cut off efforts to establish a parent and child relationship consistent with the procedures of the "Parentage Act" for the purposes of intestate succession. Thus, a person beyond the age of 23 years may be able to establish a relationship with a parent for the purpose of inheritance.

    The sponsor wishes to note that the purpose of this bill is to accord an opportunity to illegitimate children of any age to establish parentage for purposes of intestate inheritance. Those persons should not be cut off from this opportunity at the age of 23 years. The bill is not intended in any way to change any of the statutes of limitations provided for in the probate code itself.

 

 

                             

 

Provides that time limitations in "New Jersey Parentage Act" do not preclude the establishment of a parent and child relationship for purposes of intestate succession.