[Corrected Copy]

 

SENATE WOMEN'S ISSUES, CHILDREN AND FAMILY SERVICES COMMITTEE

 

STATEMENT TO

 

SENATE, No. 1253

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED: MARCH 3, 1997

 

      The Senate Women's Issues, Children and Family Services Committee favorably reports Senate Bill No. 1253 with committee amendments.

      As amended, this bill amends N.J.S.3B:5-10 and section 8 of P.L.1983, c.17 (C.9:17-45) to clarify that the limitations on actions under the "New Jersey Parentage Act" which is set at no more than five years after the child attains the age of majority do not apply to actions under the laws governing probate, including any actions for the purpose of establishing the parent and child relationship as permitted by N.J.S.3B:5-10, concerning intestate succession and any action to construe wills and trust instruments.

      The "New Jersey Parentage Act" already provides in subsection f. of section 8 of P.L.1983, c.17 (C.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 "New Jersey Parentage Act" as set forth in subsection b. of section 8 of P.L.1983, c.17 (C.9:17-45) do not cut off efforts to establish whether or not a parent and child relationship exists consistent with the procedures of that act for the purposes of intestate succession. Similarity, those time limitations do not cut off rights to establish whether or not a parent and child relationship exists in other proceedings under the laws governing probate, such as proceedings to construe wills or trust documents. Thus, whether or not a relationship with a parent exists with respect to a child may be established beyond the child's age of 23 years for the purpose of probate and inheritance.

      Claims arising under the laws governing probate affecting the rights of non-parties to a paternity action may not be ripe for determination under long standing legal principals until after the person has attained the age of 23 years. If the event of inheritance occurs after the child in question attains the age of 23 years and the determination of parentage were to be time-barred, the child or other affected parties would never have the opportunity for a judicial determination of the existence of the parent and child relationship, despite the purpose of the "New Jersey Parentage Act" to provide for judicial determination. To prevent a judicial determination of parentage in such circumstances raises serious issues of fundamental fairness and due process under the State and federal constitutions and was not the intent of the Legislature in enacting the "New Jersey Parentage Act."

      The committee amended the bill to clarifiy that the general time limitations of the "New Jersey Parentage Act" as set forth in subsection f. of section 8 of P.L.1983, c.17 (C.9:17-45) do not cut off rights to establish whether or not a parent and child relationship exists in other proceedings under the laws governing probate, such as proceedings to construe wills or trust documents. The committee also amended the effective date of the bill to allow its provisions to apply to any matter pending before any trial or appellate court for which the time limitations established by Title 3B of the New Jersey Statutes or any rule or principal of equity have not expired.

      The committee also amended the bill to clarify that the statutory threshold of the "New Jersey Parentage Act" establishs a rebuttable rather than conclusive presumption with regard to paternity. The bill was also amended by committee to provide that blood test or genetic test results indicating a 95% or greater probability that the alleged father is the father of the child would create a presumption of paternity which may be rebutted only by clear and convincing evidence. Other amendments are technical to correct references in the law.