Rules of Court · Part 4 · New Jersey

R. 4:74-9 New Jersey Rules of Court, R. 4:74-9: Fixing Time and Place of Birth of Person of Unknown Parentage, rendered as code with every cross-reference linked

Fixing Time and Place of Birth of Person of Unknown Parentage

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

(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.

(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.

Note: Source – R.R. 5:2-10(a)(b). 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.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 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 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.
(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.
Note: Source – R.R. 5:2-10(a)(b). 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.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-10; corpus harvested 2026-09-02

← R. 4:74-8 · R. 4:74-10 → · chapter 4:74 · all rules

The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.