When is a man presumed to be the father of the child (in New Jersey)?

Posted almost 5 years ago. Applies to New Jersey, 1 helpful vote

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1

Situation #1

The man and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment or divorce.

2

Situation #2

Before the child's birth, the man and the child's biological mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid. If the attempted marriage could be declared invalid only by a court, the child must be born during the attempted marriage, or within 300 days after its termination by death, annulment or divorce. If the attempted marriage is invalid without a court order, the child must be born within 300 days after the termination of cohabitation.

3

Situation #3.

After the child's birth, the man and the child's biological mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and one of the following conditions below exists: (a) he has acknowledged his paternity of the child in writing filed with the local registrar of vital statistics; (b) he has sought to have his name placed on the child's birth certificate as the child's father, or (c) he openly holds out the child as his natural child; or (d) he is obligated to support the child under a written voluntary agreement or court order;

4

Situation #4

While the child is under the age of majority, the man receives the child into his home and openly holds out the child as his natural child.

5

Situation #5

While the child is under the age of majority, he provides support for the child and openly holds out the child as his natural child

6

Situation #6

The man acknowledges his paternity of the child in a writing filed with the local registrar of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the local registrar. If another man is presumed to be the child's father, acknowledgment may be effected only with the written consent of the presumed father .

Additional Resources

Family Law Web Site

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