Bill Text: NJ A4727 | 2024-2025 | Regular Session | Introduced
Bill Title: Clarifies law concerning parental rights and responsibilities and guardianship of minor child born to unwed parents.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-09-12 - Introduced, Referred to Assembly Children, Families and Food Security Committee [A4727 Detail]
Download: New_Jersey-2024-A4727-Introduced.html
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
Clarifies law concerning parental rights and responsibilities and guardianship of minor child born to unwed parents.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning rights of parent and determinations of parental responsibility, P.L.1983, c.17, and supplementing chapter 12 of Title 3B of the New Jersey Statutes.
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:
(1) proof of her having given birth to the child unless the child is born in connection with a gestational carrier agreement executed in accordance with the provisions of P.L.2018, c.18 (C.9:17-60 et al.), or
(2) under P.L.1983, c.17 (C.9:17-38 et seq.);
b. The natural father, may be established by proof that his paternity has been adjudicated under prior law; under the laws governing probate; by giving full faith and credit to a determination of paternity made by any other state or jurisdiction, whether established through voluntary acknowledgment or through judicial or administrative processes; by a Certificate of Parentage as provided in section 7 of P.L.1994, c.164 (C.26:8-28.1) that is executed by the father, including an unemancipated minor, prior to or after the birth of a child, and filed with the appropriate State agency; by a default judgement or order of the court; or by an order of the court based on a blood test or genetic test that meets or exceeds the specific threshold probability as set by subsection i. of section 11 of P.L.1983, c.17 (C.9:17-48) creating a rebuttable presumption of paternity.
In accordance with 42 U.S.C. s.666(a)(5), a signed voluntary acknowledgment of paternity shall be considered a legal finding of paternity subject to the right of the signatory to rescind the acknowledgment within 60 days of the date of signing, or by the date of establishment of a support order to which the signatory is a party, whichever is earlier.
The adjudication of paternity shall only be voided upon a finding that there exists clear and convincing evidence of: fraud, duress or a material mistake of fact, with the burden of proof upon the challenger;
c. (1) An adoptive parent, may be established by proof of adoption;
(2) An intended parent, may be established by proof of an order of parentage related to a gestational carrier agreement executed in accordance with the provisions of P.L.2018, c.18 (C.9:17-60 et al.);
(3) A co-parent, may be established by proof of a judgement of adoption issued by the court pursuant to section 3 of P.L.2019, c.323.
d. The natural mother's or natural father's parental rights, may be terminated by an order of a court of competent jurisdiction in granting a judgement of adoption or as the result of an action to terminate parental rights;
e. The establishment of the parent and child relationship pursuant to subsections a., b., and c. of this section shall be the basis upon which an action for child support may be brought by a party and acted upon by the court without further evidentiary proceedings;
f. In any case in which the parties execute a Certificate of Parentage or a rebuttable presumption of paternity is created through genetic testing, the presumption of paternity under section 6 of P.L.1983, c.17 (C.9:17-43) shall not apply;
g. Pursuant to the provisions of 42 U.S.C. s.666(a)(5), the child and other parties in a contested paternity case shall submit to a genetic test upon the request of one of the parties, unless that person has good cause for refusal, if the request is supported by a sworn statement by the requesting party:
(1) alleging paternity and setting forth the facts establishing a reasonable possibility of the requisite sexual contact between the parties; or
(2) denying paternity and setting forth the facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties;
h. In a contested paternity case in which the State IV-D agency requires or the court orders genetic testing, the State IV-D agency shall:
(1) pay the costs of the genetic test and may recoup payment from the alleged father whose paternity is established; and
(2) obtain additional testing if the initial test results are contested, and upon the request and advance payment for the additional test by the contestant.
i. After the birth of a child, a parent whose name appears on the birth certificate of the child, may request: a determination of parental relationship pursuant to this section; (2) an order for child support pursuant to section 1 of P.L.1988, c.111 (C.2A:17-56.23a); and (3) court consideration of a custody plan pursuant to R.S.9:2-4.
(cf: P.L.2019, c.323, s.5)
2. (New section) The mother of a child born out of wedlock and a father who has established paternity, shall be the de facto natural guardians of the child and are entitled and subject to the rights and responsibilities of a parent. If a father has not established paternity, the mother of the child born out of wedlock shall be the natural guardian of the child.
3. This act shall take effect
immediately.
STATEMENT
This bill clarifies the rights of a biological father whose name appears on the birth certificate of the child to request a determination of parental responsibility and child support and for the creation of a parenting plan pursuant to R.S.9:2-4.
Presently, an unmarried biological father has no parental rights or obligations to a child until such time as paternity is established pursuant to one of the methods enumerated in N.J.S.A.9:17-41, which can include acknowledgment of parentage by certification. Under the bill, a parent, whose name appears on the birth certificate, may request: a determination of parental relationship pursuant to this section; (2) an order for child support pursuant to section 1 of P.L.1988, c.111 (C.2A:17-56.23a); and (3) court consideration of a custody plan pursuant to R.S.9:2-4. The bill further clarifies that the mother and a father who has established paternity are the natural guardians of the child and are entitled and subject to the rights and responsibilities of a parent. If no paternity is established, the mother of the child born out of wedlock shall be the natural guardian of the child.
This bill is based on House Bill 775, which was enacted in Florida in June 2023 as Chapter 2023-209.
