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Rule 5:14-1.Complaint, Parties

Last amended September 5, 2000 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:14-1 starts a parentage action by verified complaint and requires four categories of people to be joined as parties or given notice and an opportunity to be heard.

Full Text of Rule 5:14-1

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The person, official or agency authorized by law shall institute proceedings by a verified complaint. The natural mother, the man presumed by law to be the natural father, anyone whose name appears on the birth certificate and anyone who has attempted to file an acknowledgment of paternity as provided by law shall be made parties to the action, or, if not subject to the jurisdiction of the court, shall be given notice of the action in accordance with R. 4:4-5, or in a manner prescribed by the court, and an opportunity to be heard. The child may be made a party to the action and 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 otherwise. The complaint sent to the alleged father shall include a Certificate of Parentage as set forth in N.J.S.A. 26:8-28.1 and a statement of his rights and responsibilities to encourage the voluntary acknowledgment of paternity without the need for a trial.
End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source--new. Adopted December 20, 1983, to be effective December 31, 1983; amended June 28, 1996, to be effective immediately; amended July 10, 1998 to be effective September 1, 1998; amended July 5, 2000 to be effective September 5, 2000.

Plain-English Summary

Proceedings are instituted by verified complaint, brought by the person, official or agency authorised by law.

Four categories must be made parties: the natural mother, the man presumed by law to be the natural father, anyone whose name appears on the birth certificate, and anyone who has attempted to file an acknowledgment of paternity. If any of them is outside the court's jurisdiction, they get notice under the civil rules or as the court directs, and an opportunity to be heard. The point is that a parentage judgment should not be entered behind the back of someone who has already claimed the relationship.

The child may be made a party, and the court may appoint a guardian ad litem to represent them — with an express prohibition worth noting: the child's mother or father may not represent the child as guardian or otherwise. The complaint sent to the alleged father includes a Certificate of Parentage and a statement of his rights and responsibilities, to encourage voluntary acknowledgment without a trial.

Frequently Asked Questions

Who must be joined in a New Jersey paternity case?

The natural mother, the man presumed by law to be the natural father, anyone whose name appears on the birth certificate, and anyone who has attempted to file an acknowledgment of paternity.

Can a parent act as the child's guardian ad litem?

No. The child's mother or father may not represent the child as guardian or otherwise. The court may appoint a guardian ad litem instead.

What is sent to the alleged father?

The complaint, together with a Certificate of Parentage and a statement of his rights and responsibilities, to encourage the voluntary acknowledgment of paternity without the need for a trial.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:14-1). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source
Also known as: paternityparentage actioncertificate of parentageacknowledgment of paternitypresumed father