North Carolina The Rights of Presumed (Putative) Fathers

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This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.

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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.

A variety of circumstances may also be behind the omission of a parent's name on the birth certificate. In some states, birth certificates can only feature parents of different genders. A child born of a same-sex marriage, therefore, may only have one parent on their vital records.

As used in this subchapter: ? ''Father'' means the biological male parent of a child. ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

A biological father does not have legal rights to a child if he is not listed on the birth certificate. However, if the father has established paternity through a legal process, such as by signing an acknowledgement of paternity or through a court order, he will have legal rights to the child.

In North Carolina, the father of a child born out of wedlock, whose name is not on the child's birth certificate, will be treated as a third party in a custody dispute if he has not acknowledged or affirmed his paternity.

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.

17 states (Alaska, California, Colorado, Connecticut, Hawaii, Kentucky, Maine, Maryland, Mississippi, Nevada, New Jersey, North Carolina, North Dakota, Rhode Island, South Dakota, Washington, West Virginia), as well as American Samoa, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin ...

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.

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North Carolina The Rights of Presumed (Putative) Fathers