The act by which illegitimate children are given the same legal standing of legitimate children is a matter of local legislation, and therefore depends on the law of each particular jurisdiction. Although some statutes provide for the legitimation of children by conduct amounting to recognition, other statutes require that the recognition of an illegitimate child be in writing. Note that this form is an acknowledgment and not an affidavit.
North Carolina Acknowledgment of Paternity with Declaration that Child Shall Share in Father's Estate
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FAQ
Genetic tests are mandatory for establishing paternity after the alleged father's death. State law further restricts the ability to seek a paternity order against a deceased father.
Establishing paternity identifies the legal parents of a child and determines the parents listed on the birth certificate. When a child is born to a couple that is married, North Carolina law presumes the spouse of the mother/birthing parent to be the father or second parent.
An AOP is a voluntary admission of paternity made by the parents of a child. Upon signing an AOP, a person is declared a child's natural father and is listed on the child's birth certificate (exceptions may apply).
The father must be present and provide identification to have his name placed on the Affidavit of Parentage. When this document is filed with Vital Records both parents' names are recorded on the birth certificate. Genetic (DNA) testing is recommended if there are doubts regarding the paternity of the child.
(d) If the action to establish paternity is brought more than three years after birth of a child or is brought after the death of the putative father, paternity shall not be established in a contested case without evidence from a blood or genetic marker test.
Establishing Paternity in North Carolina In North Carolina, listing someone as the father on the child's birth certificate is not valid proof of paternity, so state law provides two ways for a father to establish paternity: (1) affidavit of parentage; and (2) civil action.
North Carolina law presumes that if the mother is married at the conception or birth of a child, her husband is the father and as such is responsible for his child. This "marital presumption" that he is the legally responsible father is accepted as fact until it is challenged or rebutted.
That I am the biological father of the minor/ child ____________________________ who was born on _____________________in ______________________________; That at the time of the birth of said minor/ child, I was not legally married to his/ her biological mother; That I hereby acknowledge my paternity/ filiation of the ...
