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Bill > S3061
NJ S3061
NJ S3061Clarifies law concerning parental rights and responsibilities and guardianship of minor child born to unwed parents.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 parental rights and responsibilities for children born to unwed parents, specifically addressing situations where a father's name appears on the birth certificate. Previously, an unmarried biological father had no legal rights or obligations until paternity was formally established through specific legal processes. Under this bill, a parent whose name is on the birth certificate can now request a legal determination of their parental relationship, seek child support orders, and have a parenting plan considered by the court. The bill also establishes that both the mother and a father who has legally established paternity are considered the child's natural guardians, with all the associated rights and responsibilities. If paternity has not been established, the mother remains the sole natural guardian of a child born out of wedlock. This legislation is based on a similar law enacted in Florida.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)
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/2026/S3061 |
| BillText | https://pub.njleg.gov/Bills/2026/S3500/3061_I1.HTM |
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