Information for Parents
Unmarried • Married • Recently Divorced
Important Information for Unmarried Parents
In the state of New Jersey, if the mother and father are not married when their child is born, the child does not have a legal father and the biological father’s name will not appear on his child’s birth certificate unless paternity is established.
If both parties agree they are the biological parents of the child, a Certificate of Parentage (COP) can be completed. By signing the form, parents are establishing paternity for their child − meaning legally recognized fatherhood. Completing this form is voluntary, free and the quickest way to establish paternity. Once completed, the COP is used to add the biological father to the child’s birth certificate.
All kids deserve the right to know who they are, where they come from, who their parents are, and all benefits that come with establishing paternity.
Important Information for Married Parents or Recently Divorced
By New Jersey law, if the mother is married to someone other than the biological father when the child was conceived or has been divorced for less than 300 days at the time of birth, the husband/ex-husband shall be the presumed father, unless paternity is established for the biological father.
In this situation, if all three parties (mother, husband/ex-husband, and child’s biological father) are willing, the husband/ex-husband and the mother can first complete the Affidavit of Denial of Paternity (AOD), which denies that the husband/ex-husband is the biological father of the child. The mother and biological father would then complete the Certificate of Parentage (COP) to establish paternity.
If the COP and AOD are completed at the hospital, the biological father’s name will appear on the birth certificate. If they are completed after leaving the hospital, the birth certificate must be amended as it would list the husband/ex-husband as the biological father. The COP and AOD can be completed at the birth facility, State Office of Vital Statistics and Registry in Trenton, a local registrar office, or a local child support office. However, if you wish to amend the birth certificate, you MUST visit the registrar in the municipality where the child was born or the State Office of Vital Statistics and Registry in Trenton. There may be additional forms and fees for amending your child’s birth record.
Genetic Testing
If parents are unsure about who the biological father of the child is, they are strongly encouraged to request a genetic test, also called a DNA test, before completing a COP. Unmarried parents may obtain genetic testing by submitting an application for paternity establishment on the child support website.
Birth Certificate
COPs that are completed in the hospital at the time of birth are submitted to the Department of Health, Office of Vital Statistics and Registry with your child’s birth record. The child’s birth certificate will reflect the name and paternity information that was given by both parents on the form. Parents can obtain their child’s birth certificate three (3) weeks after their child’s birth.
Vital Statistics offers the following options for obtaining a birth record:
By Mail - Office of Vital Statistics and Registry in Trenton (Contact Information | Instructions)
Visit a local registrar in the municipality where your child was born (some offices may require an appointment)
VitalChek: online or call 1-877-622-7549
COPs that are completed after the parents have left the hospital will require additional steps to amend the birth certificate. Since there are many unique circumstances to amending records, you should contact the Office of Vital Statistics and Registry at 866-649-8726 (select option 4) if you have any questions after reviewing the detailed information about correcting a vital record and Vital Statistics FAQs.
Both Parents Make a Difference
Establishing paternity helps children…
Form a relationship with both parents
Develop a sense of identity
Know about both families’ medical histories
Get access to health insurance and benefits like Social Security and inheritances
Establishing paternity helps mothers…
Share the joys and responsibilities of being a parent
Divide the costs of bringing up the child
Establishing paternity helps fathers…
Get legal rights to have a relationship with their child
Create an emotional bond with their child and be a part of their life
Share their side of the family with their child
Ask the court to assist with visitation and custody matters