Does Signing a Birth Certificate Legally Establish Paternity in New Jersey?

When a child is born, establishing paternity is an important step in ensuring that the child has a legal father. In New Jersey, the process of establishing paternity differs depending on the marital status of the parents.

For married couples, the husband is presumed to be the child’s legal father, and his name will appear on the birth certificate unless he takes specific actions to dispute the paternity.

However, for unmarried couples, signing the birth certificate alone does not legally establish paternity; additional steps, such as completing a Certificate of Parentage, are required.

Paternity and Its Legal Implications

In legal terms, paternity refers to the legal recognition of a man as a child’s father. When a child is born to married parents, the husband is presumed to be the legal father. However, for unmarried couples, establishing paternity requires additional steps.

Establishing legal paternity grants the father certain rights and responsibilities, such as:

• The right to seek custody or visitation
• The obligation to provide financial support for the child
• The ability to make important decisions regarding the child’s upbringing, education, and medical care

Without legal paternity, a father may find it challenging to maintain a relationship with his child or have a say in crucial decisions affecting their life.

Signing a Birth Certificate and Paternity Establishment

Many unmarried parents mistakenly believe that simply signing the child’s birth certificate is enough to establish legal paternity. However, in New Jersey, this is not the case. To establish paternity, unmarried parents must take additional steps beyond signing the birth certificate.

Completing the Certificate of Parentage

The primary way to establish paternity for unmarried parents in New Jersey is by completing a Certificate of Parentage. This legal document, also known as a voluntary acknowledgment of paternity, is a sworn statement signed by both parents acknowledging that the man is the child’s biological father.

To complete the Certificate of Parentage, both parents must:

1. Fill out the form in the presence of a witness, such as a hospital staff member or a notary public
2. Provide valid identification
3. Sign the document

It’s essential to note that signing the Certificate of Parentage is a voluntary process and should only be done if both parents are confident about the child’s biological father.

Timeframe for Establishing Paternity

Ideally, unmarried parents should complete the Certificate of Parentage at the hospital shortly after the child’s birth. This allows the father’s name to be added to the birth certificate immediately. However, if parents are unable to establish paternity at the hospital, they can still do so at a later date by visiting their local registrar’s office or county welfare agency to complete the necessary forms.

Challenging Paternity and Genetic Testing

In some cases, there may be doubts about the child’s biological father. When paternity is questioned, genetic testing can provide clarity and help establish or disprove a man’s biological relationship to the child.

Requesting a DNA Test

If either parent is unsure about the child’s biological father, they can request a DNA test. In New Jersey, low-cost DNA testing is available through local welfare agencies. To learn more about the process and fees associated with genetic testing, parents can contact the New Jersey Paternity Opportunity Office, a program of the New Jersey Department of Human Services, at 1-800-POP-6607 (1-800-767-6607).

Consequences of DNA Test Results

If the DNA test confirms that the alleged father is indeed the child’s biological father, paternity can be established by completing the Certificate of Parentage. However, if the test reveals that the alleged father is not the biological father, any previously signed acknowledgment of paternity can be rescinded, and the man’s name will be removed from the child’s birth certificate.

Paternity Establishment for Married Couples

When a child is born to a married woman, her husband is presumed to be the legal father, even if he is not the biological father. In such cases, the husband’s name will automatically appear on the child’s birth certificate unless he takes specific steps to dispute paternity.

Affidavit of Denial of Paternity (AOD)

If a married woman’s husband is not the child’s biological father and wants to remove his name from the birth certificate, he must complete an Affidavit of Denial of Paternity (AOD). This legal document, signed under oath, states that the husband is not the child’s father and that he consents to the removal of his name from the birth certificate.

For the biological father’s name to be added to the birth certificate, both the mother and her husband must complete the AOD, and the biological father must sign the Certificate of Parentage. Once these steps are completed, the biological father will be recognized as the child’s legal father.

Benefits of Establishing Paternity for Fathers and Children

Establishing legal paternity offers numerous benefits for both fathers and children. By having his name listed on the birth certificate, a father gains legal rights and can actively participate in his child’s life. This includes the right to seek custody or visitation and the ability to make important decisions regarding the child’s upbringing.

Children also benefit from established paternity as they gain access to various resources, such as:

• Social Security benefits
• Health insurance coverage
• Veterans benefits
• Inheritance rights

Moreover, establishing paternity fosters an emotional bond between the father and child, as both parties can develop a meaningful relationship without legal barriers. It also ensures that the child has access to their father’s medical history, which can be crucial for understanding potential health risks and making informed medical decisions.

Establish Paternity with Ease – Netsquire is Here to Help

At Netsquire, we believe in making the paternity establishment process as stress-free as possible so you can focus on building a strong, legally recognized bond with your child.

Don’t let uncertainty hold you back – contact Netsquire today to schedule a consultation with one of our family law attorneys and take the first step towards creating a brighter future for you and your child.