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Bill > S4201
NJ S4201
NJ S4201Clarifies law concerning parental rights and responsibilities and guardianship of minor child born to unwed parents.
summary
Introduced
03/03/2025
03/03/2025
In Committee
03/03/2025
03/03/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill clarifies the rights of a biological father whose name appears on the birth certificate of the child to request a determination of parental responsibility and child support and for the creation of a parenting plan pursuant to R.S.9:2-4. Presently, an unmarried biological father has no parental rights or obligations to a child until such time as paternity is established pursuant to one of the methods enumerated in N.J.S.A.9:17-41, which can include acknowledgment of parentage by certification. Under the bill, a parent, whose name appears on the birth certificate, may request: a determination of parental relationship pursuant to this section; (2) an order for child support pursuant to section 1 of P.L.1988, c.111 (C.2A:17-56.23a); and (3) court consideration of a custody plan pursuant to R.S.9:2-4. The bill further clarifies that the mother and a father who has established paternity are the natural guardians of the child and are entitled and subject to the rights and responsibilities of a parent. If no paternity is established, the mother of the child born out of wedlock shall be the natural guardian of the child. This bill is based on House Bill 775, which was enacted in Florida in June 2023 as Chapter 2023-209.
AI Summary
This bill clarifies the legal rights and responsibilities of parents of children born to unwed parents in New Jersey. Specifically, the bill allows a parent whose name appears on a child's birth certificate to request a determination of parental relationship, seek child support, and ask the court to consider a custody plan. The legislation establishes that both the mother and a father who has established paternity are considered natural guardians of the child, with full parental rights and responsibilities. If paternity is not established, the mother remains the sole natural guardian. The bill provides multiple ways to establish paternity, including voluntary acknowledgment, genetic testing, court orders, or recognition of out-of-state paternity determinations. Importantly, a signed voluntary acknowledgment of paternity is considered a legal finding, though it can be rescinded within 60 days or before a support order is established. The bill aims to provide clearer legal pathways for unmarried parents to establish parental rights and responsibilities, ensuring that both parents have the opportunity to be legally recognized and involved in their child's life when appropriate.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/03/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4201 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4201_I1.HTM |
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