Children deserve to be well cared for, both emotionally and financially — yet we know that is not always the case.  While this can be true for a number of reasons, sometimes the reason is simple:  the child’s parents were unmarried when the child was born, and may remain so after the child’s birth.  In New Jersey, for a male to be established as the biological father of a child, one of the parents must establish legal paternity.

In New Jersey, paternity may be established in two ways. The first is by a father voluntarily acknowledging it. In that case, he would sign a Certificate of Parentage, or “COP”.  This Certificate may be signed at the hospital following the birth of the baby or at a county or state registrar’s office.

The other method of establishing paternity is through the courts.  There are times when a male believes that he is not the biological father of a child, or that the child’s mother wants to prove that he is the father. In either of these situations  the court can mandate a genetic test–which relies on saliva samples taken from the male and the child.  There is no reliable pre-birth paternity test.

Establishing or disproving paternity is important for all parties involved. For a man who proves paternity, it may be possible to obtain custody or visitation rights. Mothers can secure child support from fathers. In addition to knowing who their father is (or is not), when paternity is proved, children may qualify for health insurance through their father’s work. Should the father die, it is possible for biologically established children to get the benefits to which they are entitled, such as:

• Social Security
• Veteran’s benefits
• Real property
• Money

Family law cases, including issues of paternity and their relationship to child custody and support, are rarely straightforward. Accordingly, when faced with such complexities, it is important to consult with knowledgeable and experienced family law attorneys.  Such attorneys will advise you properly and help you protect your rights or the rights of others in your family.

Source: New Jersey Department of Human Services, “Establishing paternity,” Accessed Nov. 18, 2014