Paternity

Paternity is defined as the quality or state of being a father. The person wanting to establish paternity can either be the mother, the father, or the child. It usually depends on the individual desires of the parties involved. When the parents are not married, it is important that paternity be legally established. Otherwise, the child has no legal father.

Establishing paternity can be done by uncontested consent process, administrative process, or by contested judicial process. The uncontested consent process requires both the mother and the alleged father agree that the alleged father is the biological father of the child. The administrative process gives the Department of Human Resources the authority to administratively order genetic testing. The contested judicial process is used when the alleged father refuses to acknowledge paternity or when the alleged father and/or mother refuse to cooperate with administrative genetic testing.

When establishing paternity, the court that is responsible family practice division. The easiest way to establish paternity is for the mother and biological father to voluntarily complete, sign, and have the Affidavit Acknowledging Paternity witnessed at the hospital at the time of their child's birth. If this process is done then counseling is not necessary. Since 1995, New Jersey's Office of Child Support and Paternity Programs has enabled unmarried parents to establish paternity without going to court. Using a Certificate of Parentage form, which must be signed in order to have an unmarried parent's name appear on the birth certificate,

An avowal is an acknowledgment declaring an act or a fact before a duly qualified public officer. The practice of voluntary avowal of paternity is neither discouraged nor encouraged; it just depends on the individuals.

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