New Jersey Paternity

motolady · #1 06-01-2005, 10:51 PM

Hi, I have a question and I've looked all over the internet for an answer and have come up blank. I live in New Jersey and i am having a baby in August. The father as of right now wants nothing to do with me or his baby. Heres the question. When the baby is born, can i put the fathers name on the birth certificate without him being there to sign it? And if I can, what rights does it give him? And if I cant, what would i have to do to get paternity established so i can go for child support?

aaron · #2 06-02-2005, 09:48 AM

Under New Jersey law (New Jersey Statutes Secton 26:8-28),

Quoting New Jersey Paternity Law

Within five days after each birth, there shall be filed with the local registrar of the district in which the birth occurred a certificate of the birth filled out with durable black or blue ink in a legible manner. The name of the father shall be included on the record of birth of the child of unmarried parents only if the father and mother have signed a voluntary acknowledgment of paternity; or a court or an administrative agency of competent jurisdiction has issued an adjudication of paternity.

So you can't simply add the putative (presumed) father's name to the birth certificate without his consent.

Your other option is to commence a paternity action, which is filed with your county court. If the putative father is properly served and doesn't answer the complaint, he would be declared the child's father by default. If he does appear, DNA testing would be performed to confirm parentage. If adjudicated the father, he would have the duty to pay child support, and the right to request parenting time.

motolady · #3 06-03-2005, 09:53 AM

if the dad is willing, can i get him to sign an affidavit of paternity before the baby is born? the reason im asking is because i dont think he will be around after or when the baby is born, but i want him to realize that by being on the birth certificate he will be saving money by not having to pay for a paternity test later on if i decide to take him to court.

aaron · #4 06-03-2005, 09:56 AM

The statute itself doesn't suggest that you cannot execute the affidavit prior to birth.