N.J. Admin. Code § 10:110-12.2 - Voluntary acknowledgment of paternity

(a) The OCSS shall establish and operate a voluntary acknowledgment of paternity program that shall be known as the Paternity Opportunity Program (POP). POP will allow for the voluntary acknowledgment of paternity through the execution of a Certificate of Parentage, which shall have the same force and effect as a court order, or judgment of paternity.

(b) In all cases in which sufficient information is available to initiate paternity establishment proceedings, the parties, including an un-emancipated minor, shall be offered the opportunity to voluntarily sign a Certificate of Parentage (COP). If another man is presumed to be the child's father pursuant to N.J.S.A. 9:17-43 et seq., acknowledgment may be effected only if an affidavit of denial in accordance with N.J.A.C. 10:110-12.7(b)2 is signed by the presumed father, and the biological father and mother sign a COP.

(c) Prior to the parties signing the COP, both the custodial parent and the alleged father shall be notified of the legal consequences associated with signing the COP, their rights in the COP process, and the alternatives to signing the COP.

1. The notice shall be given orally, or through the use of video or audio equipment, and in writing.

2. The notice shall specify that:

i. Either party may rescind the COP within 60 days of the date of signing, or by the date of establishment of a support order whichever date is earlier. Additionally, the notice shall provide instructions on the manner in which the COP may be rescinded.

ii. Each attempted acknowledgment, whether or not effective, shall be kept on file by the State IV-D Agency or its designee, and shall entitle the person who filed it to notice of all proceedings concerning parentage and adoption of the child, as provided pursuant to N.J.S.A. 9:3-45 and C. N.J.S.A. 9:17-47.

iii. A signed COP, that is not rescinded as specified in (c)2i above, shall be considered a legal finding of paternity.

iv. Either party may request genetic testing before signing the COP.

v. Should both parents sign the COP, the alleged father shall obtain standing in any adoption or custody proceeding involving the child and may seek visitation rights.

vi. By signing the COP, the alleged father shall become responsible for child support and medical support for the child, and the OCSS may seek, modify, and enforce orders regarding support issues.

(d) The COP shall serve to satisfy the method of collection of Social Security numbers as required pursuant to N.J.S.A. 26:8-28c. The COP shall contain, at a minimum, the following information:

1. Current full name of mother, father and child;

2. Date of birth of mother, father and child;

3. Address of mother and father;

4. Birthplace of child;

5. Brief explanation of the legal significance of signing the COP and a statement that both parents have 60 days to rescind the COP;

6. A sworn statement by the father that he is the natural father of the child;

7. The Social Security numbers, except in those cases in which a person is ineligible to apply for one, and addresses of the father and mother;

8. The signature of the mother and father authenticated by a witness or notary; and

9. Instructions for filing the COP with the agency designated by the State IV-D Agency.

Notes

N.J. Admin. Code § 10:110-12.2

Amended by R.1998 d.506, effective 10/19/1998.
See: 30 New Jersey Register 1956(a), 30 New Jersey Register 3822(a).
Rewrote the section.
Amended by R.2004 d.88, effective 3/1/2004.
See: 35 New Jersey Register 3042(a), 36 New Jersey Register 1207(a).
In (a), substituted "OCSS" for "OCSPP"; in (b), added the last sentence; in (c), added a new 2ii, recodified former 2ii through 2v as 2iii through 2vi, substituted "(c)2i" for "(b)2i" in 2iii and substituted "OCSS" for "OCSPP" in 2vi. Amended by 55 N.J.R. 1179(a), effective 6/5/2023