Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In New Jersey, paternity is the legal recognition of a man as the father of a child. Establishing paternity is crucial for child support obligations, inheritance, and access to family medical history, among other things. Under New Jersey law, a man is presumed to be the father of a child if the child is born during his marriage to the mother. This presumption can be challenged in court, where genetic testing may be ordered to determine biological paternity. If a child is born out of wedlock, paternity can be established either voluntarily, by both parents signing a Certificate of Parentage, or involuntarily, through a court order. The New Jersey Parentage Act (N.J.S.A. 9:17-38 to 9:17-59) outlines the state's statutes regarding paternity, including the presumption of paternity, and the procedures for establishing and contesting paternity.