TN 27 (12-00)

GN 00306.565 New Jersey Intestacy Laws

Child or father acquires status of child or parent:

  1. if parents intermarry and treat child as their own; or

  2. by adjudication under probate law which uses the same standards set forth in 1. above and 3.-9. below; or

  3. by order of a court in another State; or

  4. by proof of adoption; or

  5. effective 12/20/94, by a Certificate of Parentage executed by the father either before or after the child's birth that is filed with the appropriate State agency; or

  6. effective 05/21/83, by a determination based on a blood or genetic marker test weighed in accordance with the results that indicate the statistical probability of the alleged father's paternity; i.e., the greater the likelihood that the man is the father based on the test results, the greater the probability that the named individual is the father and, similarly, the greater the likelihood that the man is not the father based on the test results, the greater the probability that the named individual is not the father.

    Effective 01/19/98, a determination of blood or genetic marker tests that indicate a 95% or greater probability that the alleged father is the actual father creates a rebuttable presumption of paternity. That presumption may only be overcome by clear and convincing evidence that the results of that test are not reliable in that particular case; or

  7. effective 05/21/83, where one of the following presumptions exists and the presumption is not rebutted by clear and convincing evidence (under that standard, there is no serious or substantial doubt about the correctness of the conclusions drawn; it requires more than a mere preponderance of the evidence, but less than beyond a reasonable doubt) or by court order:

    1. the man and the child's mother were married when the child was born or the child is born within 300 days after the marriage is terminated by death, annulment or divorce; or

    2. before the child's birth, the man and the child's mother attempted to marry although the marriage is or could be declared invalid, and the child is born during the attempted marriage or within 300 days after its termination by death, annulment or divorce, or within 300 days after the termination of cohabitation; or

    3. after the child's birth, the man and the child's mother marry or attempt to marry and he either acknowledged his paternity in writing filed with the local registrar, has sought to have his name placed on the child's BC, openly holds out the child as his or is obligated to support the child under a written agreement or court order; or

    4. while the child is under 18, he holds the child out as his own and receives the child into his home or provides support for the child. (If the father is deceased, this is not a presumption and should be evaluated under section 8. below); or

    5. he acknowledges paternity in a writing filed with the local registrar and the mother does not dispute the acknowledgment; or

  8. in the absence of a presumption listed in 7. above, based on a preponderance of the evidence (this standard is less than clear and convincing evidence, or requires evidence which is of greater weight or which is more convincing than the opposing evidence, that is, evidence which as a whole shows that the fact sought to be proved is more probable than not); or

  9. the natural parents, before or after the child's birth, participated in a ceremonial marriage or consummated a common-law marriage where such marriage is recognized as valid in the manner authorized by the law of the place where the marriage took place, even though the attempted marriage is void.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306565
GN 00306.565 - New Jersey Intestacy Laws - 12/05/2000
Batch run: 01/27/2009
Rev:12/05/2000