ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 1253

with committee amendments

STATE OF NEW JERSEY

DATED: NOVEMBER 17, 1997

      The Assembly Judiciary Committee reports favorably and with committee amendments Senate Bill No. 1253 (1R).

      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 limitation 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) does 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. 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, including intestate inheritance.

      The New Jersey Supreme Court in a decision issued May 19, 1997 in Wingate, et al. v. Estate of Ryan (A-83-96) held that the limitations period under the Parentage Act does not apply to claims filed under the Probate Code.

       In addition, the bill clarifies that the statutory threshold of the "New Jersey Parentage Act" establishes a rebuttable rather than conclusive presumption with regard to paternity. The bill provides 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.

      The committee amendments are technical to correct the title to reflect the broader subject matter of the bill which now addresses the rebuttable presumption and testing for paternity.

      This bill is identical to Assembly Bill No. 2135 (1R).