(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 time and 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.
Rule 4:74-9.Fixing time and place of birth of person of unknown parentage
Last amended September 1, 1996 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:74-9 lets a person of unknown parentage (or a guardian ad litem) file a verified complaint to fix the time and place of birth, with notice to the U.S. Attorney if the person appears 12 or older, and judgment entered after the court hears oral testimony.
Full Text of Rule 4:74-9
(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.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Paragraph (a); amended July 22, 1983 to be effective September 12, 1983; paragraph (a); amended July 13, 1994 to be effective September 1, 1994; paragraph (a); amended June 28, 1996 to be effective September 1, 1996.
Plain-English Summary
Someone found in New Jersey as a child, with no known parentage or birth record, can ask a court to fix a time and place of birth. The verified complaint — filed by that person or a guardian ad litem — has to detail the circumstances of being found, the probable age and birth date, everywhere the person has lived since, and confirm the person hasn't committed the specific acts the statute disqualifies.
If the person appears to be 12 or older, the U.S. Attorney for New Jersey gets at least 20 days' notice of the hearing. At that hearing, the court takes oral testimony and, if satisfied the complaint's allegations are true, enters judgment fixing the birth details.
Frequently Asked Questions
Who must be notified of an application to fix the time and place of birth for a person of unknown parentage?
The U.S. Attorney for the District of New Jersey, if the person appears to be 12 years of age or older, with at least 20 days' notice.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:74-9). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: fixing birth of unknown parentage