{"data":{"id":"us-nj/n.j.-stat.-9-17-41","jurisdiction":"us-nj","citation":"N.J. Stat. § 9:17-41","heading":"Parent-child relationship established.","body":"4.\tThe parent and child relationship between a child and:\na.\tThe natural mother, may be established by:\n(1)\tproof 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\n(2)\tunder P.L.1983, c.17 (C.9:17-38 et seq.);\nb.\tThe 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.\nIn 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.\nThe 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;\nc. (1) An adoptive parent, may be established by proof of adoption;\n(2)\tAn 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.);\n(3)\tA 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.\nd.\tThe 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;\ne.\tThe 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;\nf.\tIn 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;\ng.\tPursuant 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:\n(1)\talleging paternity and setting forth the facts establishing a reasonable possibility of the requisite sexual contact between the parties; or\n(2)\tdenying paternity and setting forth the facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties;\nh.\tIn a contested paternity case in which the State IV-D agency requires or the court orders genetic testing, the State IV-D agency shall:\n(1)\tpay the costs of the genetic test and may recoup payment from the alleged father whose paternity is established; and\n(2)\tobtain additional testing if the initial test results are contested, and upon the request and advance payment for the additional test by the contestant.\nL.1983, c.17, s.4; amended 2019, c.323, s.5.","path":["TITLE 9 CHILDREN--JUVENILE AND DOMESTIC RELATIONS COURTS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"21fdb6874a0c432a3d7608901b7df102c1b9049239b23c7c9b0271f33b659da4","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-9-17-40","next":"us-nj/n.j.-stat.-9-17-42"},"notice":"GroundRules: Original legal text. Not legal advice."}