New Jersey § 9:17-43

§ 9:17-43.

a. A man is presumed to be the biological father of a child if: (1) He and the child's biological mother are or have been married to each other and

the child is born during the marriage, or within 300 days after the marriage is terminated

by death, annulment or divorce; (2) Before the child's birth, he and the child's biological mother have attempted

to marry each other by a marriage solemnized in apparent compliance with law, although

the attempted marriage is or could be declared invalid, and: (a) if the attempted marriage could be declared invalid only by a court, the child

is born during the attempted marriage, or within 300 days after its termination by

death, annulment or divorce; or (b) if the attempted marriage is invalid without a court order, the child is born

within 300 days after the termination of cohabitation; (3) After the child's birth, he and the child's biological mother have married, or

attempted to marry, each other by a marriage solemnized in apparent compliance with

law, although the attempted marriage is or could be declared invalid, and: (a) he has acknowledged his paternity of the child in writing filed with the local

registrar of vital statistics; (b) he has sought to have his name placed on the child's birth certificate as the

child's father, pursuant to R.S.26:8-40 ; or (c) he openly holds out the child as his natural child; or (d) he is obligated to support the child under a written voluntary agreement or court

order; (4) While the child is under the age of majority, he receives the child into his home

and openly holds out the child as his natural child; (5) While the child is under the age of majority, he provides support for the child

and openly holds out the child as his natural child; or (6) He acknowledges his paternity of the child in a writing filed with the local registrar

of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment,

and she does not dispute the acknowledgment within a reasonable time after being informed

thereof, in a writing filed with the local registrar. If another man is presumed under this section to be the child's father, acknowledgment

may be effected only with the written consent of the presumed father. Each attempted acknowledgment, whether or not effective, shall be kept on file by

the local registrar of vital statistics and shall entitle the person who filed it

to notice of all proceedings concerning parentage and adoption of the child, as provided

in section 10 of P.L.1983, c. 17 ( C.9:17-47 ) and pursuant to section 9 of P.L.1977, c. 367 ( C.9:3-45 ). b. A presumption under this section may be rebutted in an appropriate action only

by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption

which on the facts is founded on the weightier considerations of policy and logic

controls. The presumption is rebutted by a court order terminating the presumed father's paternal

rights or by establishing that another man is the child's biological or adoptive father. c. Notwithstanding the provisions of this section to the contrary, in an action brought

under this act against the legal representative or the estate of a deceased alleged

father, the criteria in paragraphs (4) and (5) of subsection a. of this section shall

not constitute presumptions but shall be considered by the court together with all

of the evidence submitted. The decision of the court shall be based on a preponderance of the evidence. d. In the absence of a presumption, the court shall decide whether the parent and

child relationship exists, based upon a preponderance of the evidence. e. There is a rebuttable presumption that a man has knowledge of his paternity and

the birth of a child if he had sexual intercourse with the biological mother within

300 days of the child's birth. This presumption may be rebutted only by clear and convincing evidence in an appropriate

action based on fraud, duress, or misrepresentation by the biological mother concerning

the paternity or birth of the child. This claim of fraud, duress, or misrepresentation must be asserted prior to the

finalization of the adoption. f. This section shall not apply to a child 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.).