Recision Information
WHAT IF I CHANGE MY MIND?
The Certificate of Parentage is considered a "legal document" in the State of New Jersey from the time that it is witnessed, even if it is not yet filed with the Office of Vital Statistics and Registry. If both parents change their mind within 60 days, they can rescind (cancel) the Certificate of Parentage. This process removes the man as the legal father of the child. If only one of the parents wants to rescind a certificate, an action must be filed with the court.
Recision forms are available through the local registrar or the State Office of Vital Statistics and Registry. They can be completed and signed in front of any notary public. Once a Recision is filed by the local registrar or State Office of Vital Statistics and Registry and the requirements of the Recision are met, Vital Statistics will remove the father’s name from the child’s birth certificate. Click here to find a list of local registrars.
Upon the expiration of the 60-day recision period, a Certificate of Parentage may be challenged in court "upon a finding that there exists clear and convincing evidence of fraud, duress, or a material mistake of fact, with the burden of proof upon the challenger." (N.J.S.A. 26:3-28.1, Section 9:17-41(b))