Pursuant to N.J.S.A. 2A:17-56.7(b), the early establishment of paternity and child support orders creates a basis for individual security and family stability. As a result, the Parentage Act was enacted to address paternity cases N.J.S.A. 9:17-41 et seq. Paternity issues usually arise when child support is sought and the father contests that he is in fact the father of the child. The court's authority to decide paternity cases is based upon the defendant having sexual intercourse in this State with respect to a child who may have been conceived by that act of intercourse. In addition, the defendant can only be required to come to court if service of the complaint for paternity is served on the defendant in accordance with the rules of the court.

Several people can bring about or defend a paternity action at any time: 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, the estate or legal representative of the alleged father, if the alleged father has died or is a minor, the Division of Family Development in the Department of Human Services, or the county welfare agency, or any person with an interest recognized as justifiable by the court. However, if the issue is raised more than five years after the child attains the age of majority, no such action shall be permitted.

Pursuant to the provisions of section 331 of Pub. L. 104-193, the child and other parties in a contested paternity case shall submit to a genetic test upon the sworn request of one of the parties, unless that person has good cause for refusal. The sworn statement by the requesting party must allege paternity and set forth the facts establishing a reasonable possibility of the required sexual contact between the parties; or in the case of sworn refusal, the refusing party must deny paternity and set forth the facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.

There are several instances when a man is presumed to be a child's father. According to N.J.S.A. 9:17-43 a man is presumed to be the biological father of a child if one of the six following events occur:

A presumption in favor of paternity under this section may be rebutted by the presumed father in an appropriate action only by "clear and convincing evidence such that there exists," a court order terminating the presumed father's paternal rights or by establishing that another man is the child's biological or adoptive father.

In contested matters, a consent conference shall be held by the Superior Court, Chancery Division, Family Part intake service, the Probation Division or the county welfare agency to determine if the matter may be resolved prior to trial.

A trial shall take place in which witnesses and experts may testify and which blood tests may be introduced. Since 1998, trials by jury are no longer permitted in paternity matters. N.J.S.A. 9:17-49(b).