Category: Paternity

Although the best interests of the child standard is used for various family law determinations involving the child’s well-being, it is not a factor in defining parenthood under the Parentage Act

Simply because a child bears a person’s last name holds no weight in the determination of legal parentage

DNA paternity tests results in most instances may be accepted as reliable and accurate without any expert testimony; however, in rare or unusual occurrences, the court may need to consider expert testimony and/or additional factors

The Parentage Act contains a limitations period that bars an action brought more than 5 years after the child attains the age of majority

In a parentage action, that presumption of paternity can only be overcome by clear and convincing evidence

The New Jersey Legislature has recognized that biology is not always controlling in the area of parentage and has created statutory exceptions to the presumption that the biological father has parental rights in the area of artificial insemination

The New Jersey Parentage Act states that a natural mother, among others, may bring an action at any time for the purpose of determining the existence of the parent and child relationship

An infertile man is the father of a child born to his artificially inseminated wife; however, the infertile wife is not the legal mother of her husband’s biological child born to a gestational carrier

If a party to a paternity action requests genetic testing and submits a sworn statement establishing a reasonable possibility that he is or is not the father of a child, then the court must order a genetic test unless the party opposed to such testing presents good cause for not ordering the test

A paternity test negating paternity does not automatically result in a court order of non-parentage

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