New Jersey DNA Testing Laws & Statutes

New Jersey Legal Paternity DNA Testing Laws & Statutes:

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According to the Laws of New Jersey and paternity statute 1055

SEC. 1055: Requires genetic testing to determine paternity in non-dissolution cases.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Notwithstanding any other provision of law to the contrary, in any non-dissolution action where the issue of child support is at issue and where the existence or nonexistence of a parent and child relationship is at issue, the court shall order that the child, the mother and the alleged father submit to a genetic test to determine the existence or nonexistence of a parent and child relationship.

b. The court shall direct that the test be of a type generally acknowledged as reliable by an accredited body designated by the Secretary of the United States Department of Health and Human Services and be performed by a laboratory approved by such an accredited body.

c. The test results, together with the opinions and conclusions of the test laboratory, shall be filed with the court. Upon the entry of the order for scientific testing, the court shall inform each person to be tested of the procedure and requirements for objecting to the test results and of the consequences of the failure to object.

d. Test results are admissible in evidence and shall be weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95%. A statistical probability of paternity of 95% or greater creates a rebuttable presumption, pursuant to section 6 of P.L.1983, c.17 (9:17-43), that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of 95% or greater, the court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.

e. If the genetic test results demonstrate that the alleged father is the father of the child the court shall issue an order directing the appropriate party to the proceeding concerning the duty of support, the custody and guardianship of the child and parenting time privileges with the child.

f. If the genetic test results demonstrate that the alleged father is not the father of the child, the court shall issue an order which shall state that the man alleged or claiming to be the father is not the parent of the child. [More]