North Carolina § 49-4 - When prosecution may be commenced.

§ 49-4. When prosecution may be commenced.

The prosecution of the reputed father of a child born out of wedlock may be instituted under this Chapter within any of the following periods, and not thereafter: Three years next after the birth of the child; or Where the paternity of the child has been judicially determined within three years next after its birth, at any time before the child attains the age of 18 years; or Where the reputed father has acknowledged paternity of the child by payments for the support thereof within three years next after the birth of the child, three years from the date of the last payment whether the last payment was made within three years of the birth of the child or thereafter: Provided, the action is instituted before the child attains the age of 18 years. The prosecution of the mother of a child born out of wedlock may be instituted under this Chapter at any time before the child attains the age of 18 years. History (1933, c. 228, s. 3; 1939, c. 217, s. 3; 1945, c. 1053; 1951, c. 154, s. 2; 2013-198, s. 18.) Effect of Amendments. - Session Laws 2013-198, s. 18, effective June 26, 2013, substituted "a child born out of wedlock" for "an illegitimate child" twice; and, in subdivision (3), substituted "the child" for "such child" twice and substituted "the last payment" for "such last payment." Legal Periodicals. - As to the effect of the 1945 amendment to this section, see 23 N.C.L. Rev. 331 (1945). For survey of constitutional law in 1982, see 61 N.C.L. Rev. 1052 (1983).