Title 9, Title 9: CHILDREN--JUVENILE AND DOMESTIC RELATIONS COURTS

9:17-42. Closed court; confidentiality of records 5. Notwithstanding any other law concerning public hearings and records, any action or proceeding held under this act shall be held in closed court without admittance of any person other than those necessary to the action or proce…

9:17-43 Presumptions. 6. a. A man is presumed to be the biological father of a child if: (1) He and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulm…

9:17-44 Artificial insemination. 7. a. If, under the supervision of a licensed physician, a physician assistant, or an advanced practice nurse, and with the consent of her spouse or partner in a civil union, a woman is inseminated artificially with semen donated by a man not her …

9:17-45 Action to determine existence of parent-child relationship. 8. a. A child, a legal representative of the child, the natural mother, the estate or legal representative of the mother, if the mother has died or is a minor, a man alleged or alleging himself to be the father, …

9:17-46. Jurisdiction 9. a. The Superior Court shall have jurisdiction over an action brought under this act. The action shall be joined with an action for divorce, annulment, separate maintenance or support. b. A person who has sexual intercourse in this State thereby submits to…

9:17-47. Parties; guardian ad litem 10. The child may be made a party to the action. If the child is a minor and is made a party, a guardian ad litem may be appointed by the court to represent the child. The child's mother or father may not represent the child as guardian or othe…

9:17-48 Consent conference; settlement; contested cases, testing; presumptions. 11. a. As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, a consent conference shall be held by the Superior Court, …

9:17-49 Civil action under act; trial by court. 12. a. An action under this act is a civil action governed by the Rules Governing the Courts of the State of New Jersey. b. The trial shall be by the court without a jury. L.1983,c.17,s.12; amended 1998, c. 1, s.46.

9:17-5. Reputed father out of county; serving warrant upon If the person charged as such reputed father shall be or reside in a county of this State other than that in which the warrant is issued, the person serving the warrant shall present it to a court of the county wherein th…

9:17-50. Witnesses; compelling to testify; immunity; contempt; physician's testimony; admissibility of evidence 13. a. The mother of the child and the alleged father are competent to testify and may be compelled to testify. b. Upon refusal of any witness, including a party, to te…

9:17-52 Evidence relating to paternity. 15. Evidence relating to paternity may include: a. Evidence of sexual intercourse between the mother and alleged father at any possible time of conception; b. An expert's opinion concerning the statistical probability of the alleged father'…

9:17-52.1. Default order, effect 6. A default order shall be entered in a contested paternity action upon a showing that proper notice has been served upon the party and the party has failed to appear at a hearing or trial; or has failed to respond to a notice or order that requi…

9:17-53 Judgment, order of court, certificate of parentage, amendment of birth record; amount of support. 16. a. The judgment or order of the court or a Certificate of Parentage determining the existence or nonexistence of the parent and child relationship is determinative for al…

9:17-54. Costs and fees 17. The court may order reasonable fees of counsel, experts, and the child's guardian ad litem, and other costs of the action and pre-trial proceedings, including blood or genetic tests, to be paid by the parties in proportions and at times determined by t…

9:17-55. Enforcing parties 18. a. If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this act or under prior law, the obligation of the father may be enforced in the same or other proceedings…

9:17-56. Continuing jurisdiction 19. The court has continuing jurisdiction to modify or revoke a judgment or order. L.1983, c. 17, s. 19.

9:17-57. Parties 20. The child, the mother or personal representative of the child, the Division of Public Welfare in the Department of Human Services or the county welfare agency, the personal representative or a parent, if the mother has died or is a minor, a man alleged or all…

9:17-58. Support agreement 21. a. Any agreement in writing to furnish support for a child, growing out of a supposed or alleged father and child relationship, does not require consideration and is enforceable according to its terms, subject to subsection d. of section 8. b. In th…

9:17-59. Amended birth record 22. a. Upon order of a court of this State or upon request of a court of another state, the local registrar of vital statistics shall prepare an amended birth record consistent with the findings of the court. b. The fact that the father and child rel…

9:17-6. Bond to be taken; discharge thereon; proceedings when no bond is taken When the reputed father is apprehended pursuant to section 9:17-5 of this Title, he shall be taken before any court of the county wherein he resides or is found, and that court may take from him a bond…

9:17-60 Title. 1. Title. This act shall be known as the "New Jersey Gestational Carrier Agreement Act." L.2018, c.18, s.1.

9:17-61 Purpose. 2. Purpose. a. The Legislature finds and declares that gestational carrier agreements executed pursuant to this act are in accord with the public policy of this State. b. It is the intent and purpose of the Legislature to: (1) Establish consistent standards and p…

9:17-62 Definitions. 3. Definitions. As used in this act: "Advanced practice nurse" means a person certified in accordance with the provisions of section 8 or 9 of P.L.1991, c.377 (C.45:11-47 or 45:11-48). "Assisted reproductive technology" means procreative laboratory procedures…

9:17-63 Rights of parentage. 4. Rights of Parentage. a. Provided that the gestational carrier and the intended parent satisfy the eligibility requirements set forth in section 5 of P.L.2018, c.18 (C.9:17-64) and the gestational carrier agreement satisfies the requirements set for…

9:17-64 Eligibility. 5. Eligibility. a. A gestational carrier shall be deemed to have satisfied the requirements of P.L.2018, c.18 (C.9:17-60 et al.) if, at the time the gestational carrier agreement is executed, she: (1) Is at least 21 years of age; (2) Has given birth to at lea…

9:17-65 Requirements for a gestational carrier agreement. 6. Requirements for a Gestational Carrier Agreement. a. A gestational carrier agreement shall satisfy the following requirements: (1) It is in writing and executed by the gestational carrier, her spouse or partner in a civ…

9:17-66 Duty to support. 7. Duty to Support. a. The establishment of the parent and child relationship pursuant to a valid gestational carrier agreement shall be the basis upon which an action for child support may be brought against the intended parent and acted upon by the cour…

9:17-67 Establishment of parent-child relationship. 8. Establishment of Parent-Child Relationship. a. After the gestational carrier becomes pregnant in accordance with the gestational carrier agreement provided for in P.L.2018, c.18 (C.9:17-60 et al.), the intended parent shall f…

9:17-68 Certain provisions of law not applicable to gestational carrier agreements. 9. Certain Provisions of Law not Applicable to Gestational Carrier Agreements. a. A gestational carrier agreement shall not be considered: (1) An adoption pursuant to Title 9 of the Revised Statut…

9:17-69 Findings, declarations relative to establishing legal parentage. 1. The Legislature finds and declares that: a. Modern medical advances have made parenthood possible for many couples that would not otherwise be able to have their own child, thanks to the availability of a…

9:17-70 Definitions relative to establishing legal parentage. 2. As used in this act: "Assisted reproduction" means medical procedures to facilitate human reproduction that involve human gametes or pre-embryos, including, but not limited to artificial insemination, in vitro ferti…

9:17-71 Eligibility to file for adoption. 3. a. A natural parent or person treated in State law as a legal parent of the child, and the current or former partner in civil union or the current or former spouse of the natural parent or person treated in State law as a legal parent …