New Jersey § 9:17-41

§ 9:17-41.

The parent and child relationship between a child and: a. The natural mother, may be established by: (1) proof of her having given birth to the child unless the child is born in connection

with a gestational carrier agreement executed in accordance with the provisions of P.L.2018, c. 18 ( C.9:17-60 et al.), or (2) under P.L.1983, c. 17 ( C.9:17-38 et seq. ); b. The natural father, may be established by proof that his paternity has been adjudicated

under prior law; under the laws governing probate; by giving full faith and credit

to a determination of paternity made by any other state or jurisdiction, whether established

through voluntary acknowledgment or through judicial or administrative processes;

by a Certificate of Parentage as provided in section 7 of P.L.1994, c. 164 ( C.26:8-28.1 ) that is executed by the father, including an unemancipated minor, prior to or after

the birth of a child, and filed with the appropriate State agency; by a default judgement or order of the court; or by an order of the court based on a blood test or genetic

test that meets or exceeds the specific threshold probability as set by subsection

i. of section 11 of P.L.1983, c. 17 ( C.9:17-48 ) creating a rebuttable presumption of paternity. In accordance with 42 U.S.C. s.666(a)(5) , a signed voluntary acknowledgment of paternity shall be considered a legal finding

of paternity subject to the right of the signatory to rescind the acknowledgment within

60 days of the date of signing, or by the date of establishment of a support order

to which the signatory is a party, whichever is earlier. The adjudication of paternity shall only be voided upon a finding that there exists

clear and convincing evidence of: fraud, duress or a material mistake of fact, with

the burden of proof upon the challenger; c. (1) An adoptive parent, may be established by proof of adoption; (2) An intended parent, may be established by proof of an order of parentage related

to a gestational carrier agreement executed in accordance with the provisions of P.L.2018, c. 18 ( C.9:17-60 et al.); (3) A co-parent, may be established by proof of a judgement of adoption issued by

the court pursuant to section 3 of P.L.2019, c. 323 . d. The natural mother's or natural father's parental rights , may be terminated by an order of a court of competent jurisdiction in granting a judgement of adoption or as the result of an action to terminate parental rights; e. The establishment of the parent and child relationship pursuant to subsections

a., b., and c. of this section shall be the basis upon which an action for child support

may be brought by a party and acted upon by the court without further evidentiary

proceedings; f. In any case in which the parties execute a Certificate of Parentage or a rebuttable

presumption of paternity is created through genetic testing, the presumption of paternity

under section 6 of P.L.1983, c. 17 ( C.9:17-43 ) shall not apply; g. Pursuant to the provisions of 42 U.S.C. s.666(a)(5) , the child and other parties in a contested paternity case shall submit to a genetic

test upon the request of one of the parties, unless that person has good cause for

refusal, if the request is supported by a sworn statement by the requesting party: (1) alleging paternity and setting forth the facts establishing a reasonable possibility

of the requisite sexual contact between the parties; or (2) denying paternity and setting forth the facts establishing a reasonable possibility

of the nonexistence of sexual contact between the parties; h. In a contested paternity case in which the State IV-D agency requires or the court

orders genetic testing, the State IV-D agency shall: (1) pay the costs of the genetic test and may recoup payment from the alleged father

whose paternity is established; and (2) obtain additional testing if the initial test results are contested, and upon

the request and advance payment for the additional test by the contestant.