To get a court-ordered paternity test in New Jersey, you file a Complaint to Establish Paternity in the Family Division of the Superior Court, and if the judge finds a reasonable basis for the claim, the court orders the mother, the child, and the alleged father to submit DNA samples at a designated lab. A result showing a 95% or greater probability of paternity creates a legal presumption that leads directly to a judgment, and that judgment carries child support, custody rights, inheritance, and more.
Who Can Ask a Court to Order a Paternity Test
New Jersey’s Parentage Act limits who has standing to file. The biological mother, any person claiming to be the biological father, and the child (usually through a guardian or legal representative) can bring a paternity action in Superior Court.1Justia. New Jersey Code 9:17-41 – Parent-Child Relationship Established
Government agencies file too. The New Jersey Division of Family Development and local County Welfare Agencies pursue paternity establishment when a custodial parent receives Temporary Assistance for Needy Families, Medicaid, or foster care benefits. Families receiving those benefits are automatically referred for child support services, and paternity establishment is part of that process when the father has not been legally identified.2New Jersey Child Support. New Jersey Title IV-D Child Support Application
A complaint can be filed in the county where the child lives, where the alleged father lives or can be found, or, if he is deceased, where probate proceedings have been or could be started.
How to File the Complaint
The starting point is the Family Division clerk’s office in the appropriate county, or the New Jersey Courts website. You will need a Complaint to Establish Paternity (also called a Complaint for Parentage) and a supporting certification.
The certification asks for identifying details about the mother, the alleged father, and the child, including the child’s full name, date of birth, and place of birth.3New Jersey Courts. Certification in Support of Establishing Paternity It also asks for a factual statement explaining why you believe the named person is the biological father. This is where you describe the timing of the relationship or reference any informal test results. The judge relies on this statement to decide whether testing is justified, so accuracy matters.
Filing carries a fee, paid to the court when you submit the complaint. If you can’t afford it, you can apply for a waiver using Form A, the Certification in Support of Fee Waiver used in the Superior Court.4New Jersey Courts. How to File for a Fee Waiver – All Courts
After the court accepts the complaint, you have to serve the other party. Service means delivering a summons and a copy of the complaint so the other party has formal legal notice and a chance to respond. If you filed as the alleged father, the mother gets served; if you filed as the mother, the alleged father does.
How the Court Decides to Order Testing
Once both sides have been served and had a chance to respond, the case moves forward. Cases handled through a County Welfare Agency often start with a consent conference, where the parties can try to resolve the matter voluntarily. If that fails and genetic testing has not already been done, the agency or the court orders testing.5Justia. New Jersey Code 9:17-48 – Consent Conference, Blood and Genetic Tests
Either party can request genetic testing by filing a sworn statement that either alleges paternity and describes facts showing a reasonable possibility of sexual contact, or denies paternity and describes facts suggesting no such contact occurred. The court can deny the request only if a party demonstrates good cause. In practice, judges grant these requests readily because DNA evidence resolves the question more reliably than witness testimony.
The order names the testing laboratory and sets a deadline. If more than one man is named as a possible father, the court can order testing for all of them and narrow the field as results come in.6Cornell Law Institute. New Jersey Administrative Code 10:110-12.1 – Identification of the Alleged Father
How the Test Is Done and What It Costs
Court-ordered paternity testing uses a buccal swab. A technician rubs the inside of each person’s cheek to collect cells. It’s painless and takes only a few minutes. The mother, the child, and the alleged father all provide samples.
Because these results will be used as evidence, the lab must follow strict chain-of-custody procedures, documenting every person who handles the samples from collection through analysis. The lab then sends a certified report to the court and to all parties. A standard three-party test typically costs in the range of $400 to $500, though the exact amount depends on the laboratory the court designates.
In cases handled through a County Welfare Agency, the agency pays upfront for all genetic testing costs and then asks the court to order reimbursement from one or both parties. Two exceptions apply: if the court finds that the alleged father is not the biological father, it can relieve him of the cost, and if the alleged father is indigent, the court may still hold him liable but allow for future payment.7Cornell Law Institute. New Jersey Administrative Code 10:110-12.4 – Genetic Testing
If either party disputes the initial test results, the party objecting pays in advance for any additional testing. In private actions that don’t involve a welfare agency, the court has discretion to allocate costs between the parties.
What the Results Mean
New Jersey law creates a presumption of paternity when genetic test results show a 95% or greater probability that the alleged father is the biological father.5Justia. New Jersey Code 9:17-48 – Consent Conference, Blood and Genetic Tests That presumption can only be rebutted by clear and convincing evidence that the test results are unreliable in that specific case. Modern DNA testing is accurate enough that a result above the 95% threshold almost always leads directly to a judgment of paternity.
The judgment is determinative for all purposes. If it conflicts with the child’s existing birth certificate, the court orders the original birth record amended to reflect the established father. The judgment may also include provisions for child support, custody, and parenting time.
If You Refuse to Test or Skip Court
Ignoring a court order for genetic testing is a serious mistake. If a party has been properly served and fails to appear or comply, the court can enter a default order establishing paternity.8Justia. New Jersey Code 9:17-52.1 – Default Order A default judgment carries the same legal weight as one based on DNA evidence. It establishes the father-child relationship and opens the door to child support obligations, all without the alleged father’s participation.
Trying to dodge service or simply not showing up doesn’t make the case go away. It means losing the chance to present your side while the court proceeds on the evidence in front of it.
What a Paternity Judgment Triggers
A judgment of paternity is not just a lab result on paper. New Jersey’s Parentage Act starts from the principle that a child born outside of marriage, once paternity is established, has the same legal standing as a child born to married parents.9FindLaw. New Jersey Code 9:17-40 – Parent and Child Relationship Defined
Child Support and Medical Coverage
A paternity judgment almost always leads to a child support order calculated under New Jersey’s child support guidelines, using both parents’ income, the number of children, and the parenting time arrangement. Federal law also requires every child support order to address medical support as a separate element. A parent may be ordered to enroll the child in employer-sponsored health insurance if it’s available at a reasonable cost, or to contribute cash toward medical expenses. Even when the child already has Medicaid or CHIP coverage, the court may require private insurance when a parent has access to an affordable plan.
Custody and Parenting Time
Once paternity is established, the father gains the right to seek custody and parenting time through the court. Without a legal determination of paternity, an unmarried father has no enforceable custodial rights. This is one of the most common reasons fathers voluntarily pursue paternity establishment rather than waiting for someone else to file.
Inheritance and Survivor Benefits
A child with legally established paternity inherits from the father under New Jersey’s intestate succession laws on the same terms as any other child. If the father dies without a will, the child is entitled to a share of the estate as a descendant.10Social Security Administration. New Jersey Intestate Succession and Parent-Child Relationship Established paternity also allows the child to claim Social Security survivor benefits based on the father’s earnings record if he dies while the child is a minor. The Social Security Administration may require proof of parentage in the form of a court judgment or an AABB-certified DNA test conducted under chain-of-custody procedures. When the father has already passed away and no sample is available, SSA can sometimes accept family relationship testing using DNA from the father’s relatives.
Voluntary Acknowledgment as an Alternative
Not every paternity dispute needs a judge. When both parents agree on who the biological father is, they can sign a Certificate of Parentage at the hospital right after birth or later at a state or county child support office.11New Jersey Department of Health. Certificate of Parentage Once signed and witnessed or notarized, it carries the same legal weight as a court judgment. The form itself warns that if you want genetic testing to confirm biology first, you should not sign until you have the results.
Either parent can rescind the Certificate of Parentage within 60 days of signing, or by the date a child support order is established, whichever comes first.12Cornell Law Institute. New Jersey Administrative Code 10:110-12.2 – Voluntary Acknowledgment of Paternity After that window closes, the only way to challenge a signed Certificate is to prove fraud, duress, or a material mistake of fact by clear and convincing evidence. Court-ordered testing becomes the path when the alleged father denies paternity, the mother is uncertain, or no voluntary acknowledgment was ever signed.
Undoing a Paternity Judgment Later
Once a court enters a judgment of paternity based on genetic testing that confirmed a biological link, the chances of undoing it are narrow. The Parentage Act provides that a paternity adjudication can only be voided on clear and convincing evidence of fraud, duress, or a material mistake of fact, and the person challenging it carries the burden of proof.1Justia. New Jersey Code 9:17-41 – Parent-Child Relationship Established
Clear and convincing evidence is a high standard, well above the “more likely than not” threshold used in most civil cases. If the DNA test came back at 99% probability and was properly conducted, arguing a material mistake of fact is close to impossible. Fraud challenges are more realistic when a party can show that test samples were tampered with or that a mother deliberately misidentified the father. Duress claims require proof that a party consented under coercion. The practical lesson: resolve any doubts about biological paternity before signing anything or letting a default judgment enter against you.