SENATE, No. 156

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senator BRYANT

An Act concerning the establishment of paternity and amending and supplementing 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 the father's designation as the child's father on the child's birth certificate which is signed by the father; by an acknowledgement of paternity signed by the father, upon the birth of the child and with the consent of the mother; or under this act;

    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. (New section) An acknowledgement of paternity pursuant to subsection b. of section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill) may be rescinded by the father within one year of the signing of the acknowledgement if the father proves the acknowledgement is false. If no rescission is made by the father within one year of signing the acknowledgement, it shall be binding upon the father as an order of paternity.

    3. This act shall take effect immediately.

STATEMENT

    This bill provides for a father to establish paternity of a child by designating himself as the child's father on the child's birth certificate which is signed by the father or by his signing of an acknowledgement of paternity upon the birth of the child and with the consent of the mother. With respect to the acknowledgement of paternity, the bill provides a one year period in which the father may rescind the acknowledgement provided he can prove it false.

    It is the sponsor's intent to encourage acknowledgement of paternity as soon after the birth of a child as possible so that, in the event of the necessity for child support, time is not wasted in making the paternity determination and support can be obtained promptly.

Provides for establishment of paternity in certain circumstances.