Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, August 26, 2009

4:74-9. Fixing Time and Place of Birth of Person of Unknown Parentage

(a) Complaint. An application pursuant to N.J.S.A. 26:8-40.2 et seq., to fix the time and place of birth in this State of a person of unknown parentage shall be made by the verified complaint of such person or by a guardian ad litem on the person's behalf, filed in the office of the deputy clerk of the Superior Court in the county of venue, entitled "In the matter of application of __________ (using the name by which the person is then known) to fix the time and place of birth", and alleging that such person was found in this State as a child; that the person's parentage and the place and time of birth are unknown; the place where, the time when, and the circumstances under which the person was found, the person's probable age at that timeand the probable date of birth; the place or places where such person has resided since being found and now resides; and that such person has not been guilty of any of the acts specified in N.J.S.A. 26:8-40.5.

(b) Notice; Hearing. Upon the filing of the complaint, the court shall fix a time and place for hearing thereon and, if such person is of the supposed age of 12 years or over, shall give not less than 20 days' notice of the time and place so fixed to the United States District Attorney for the District of New Jersey. At the hearing the court shall take oral testimony and, if satisfied as to the truth of the allegations of the complaint, shall enter judgment accordingly.