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.
North Carolina Voluntary Acknowledgment of Parentage By Mother and Father
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How to fill out Voluntary Acknowledgment Of Parentage By Mother And Father?
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(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.
To voluntarily add a father's name to a Birth Certificate, both the Mother and Father complete a form known as an Affidavit of Parentage at the Clerk of Court's office (704-832-6600). Once completed, the document is then submitted to the State Department of Vital Records to amend the Birth Certificate.
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.
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.
Both parents will need to go to the North Carolina Division of Social Services office together to complete the document. Both parents will need to provide identification and the mother will need to provide proof of her pregnancy or the child's birth.
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.
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.
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.
