NEW JERSEY ACKNOWLEDGMENT OF PATERNITY
What is an NJ Certificate of Parentage?
A certificate of parentage (COP) also known as a voluntary acknowledgment of paternity is a form that is used to voluntarily acknowledge being the legal father of a child. This form is a legally enforceable document.
Therefore signing, this document has legal consequences. It is recommended that you contact Family Law Attorney in New Jersey to learn more about the legal consequences of signing this COP form.
Parental Rights
An unmarried father signs a COP form and his name is added to the birth certificate. The legal father will have the same rights as the mother of the child as it pertains to child support, custody as well as parenting time. Please note, there is no difference between unmarried and married couples as it pertains to how parental rights are determined.
Birth Certificate
When will the father’s name be added to the birth certificate?
After the COP form is signed at the hospital or at a state-local registrar office. The document will be sent to the Bureau of Vital Statistics. The birth certificate may be available no earlier than 10 days after the child’s birth.
It should also be noted, In New Jersey, only the parents are allowed to retrieve the birth certificate in-person. Grandparents are no longer allowed to pick up a grandchild’s birth certificates.
Genetic Testing
At what point will I have to perform a paternity test to establish paternity? A paternity test can be performed either before either one of the unmarried parents files a paternity petition in Family Court or, If a judge orders the unmarried parents to perform a paternity test.
Paternity testing may be performed through the state if the judge allows or, A paternity test can be performed privately where one or both unmarried parents share the cost of genetic testing.
Please note, when performing a DNA test through the state. The turnaround times are much longer (3 weeks or longer) to receive your DNA results. Private (out-of-pocket) paternity tests we provide DNA results are completed within 2 to 3 business days from the laboratory receiving all genetic samples.
It should also be noted that At-Home DNA test results are not admissible in court. Therefore, you require legally admissible genetic testing results. Contact our office today at 888-204-0583 to get started today.
What happens if I want to rescind paternity?
Rescinding paternity is possible in New Jersey. In order to rescind paternity the unmarried parents both must agree to complete and sign the Recision of Certificate of Parentage.
If you want to rescind paternity you have 60 days from the date the COP form was completed. The Recision of Certificate of Parentage form must be filed with the Bureau of Vital Statistics.
Can a Recision of Certificate of Parentage form be filed if only one parent wants to rescind paternity?
Yes. It is possible for one person to file a Recision of Certificate of Parentage form within the 60-day time frame. The document must be filed in court and not with Vital Statistics.
It should be noted that paternity can still be challenged by filing an action with the court after paternity was rescinded. Either party could file an action for the following reasons.
- being under duress
- on the basis of fraud
- or material mistake of fact.
Please keep in mind the information shared in this post is for informational use only. We recommend that you consult with Family Law professional to learn more about paternity establishment as it pertains to your circumstance.