North Carolina § 49-12 - 1. Legitimation when mother married.

§ 49-12. 1. Legitimation when mother married.

The putative father of a child born to a mother who is married to another man may file a special proceeding to legitimate the child. The procedures shall be the same as those specified by G.S. 49-10, except that the spouse of the mother of the child shall be a necessary party to the proceeding and shall be properly served. A guardian ad litem shall be appointed to represent the child if the child is a minor. The presumption of legitimacy can be overcome by clear and convincing evidence. The parties may enter a consent order with the approval of the clerk of superior court. The order entered by the clerk shall find the facts and declare the proper person the father of the child and may change the surname of the child after determination that the change is in the best interests of the child. The effect of legitimation under this section shall be the same as provided by G.S. 49-11. A certified copy of the order of legitimation under this section shall be sent by the clerk of superior court under his official seal to the State Registrar of Vital Statistics who shall make a new birth certificate bearing the full name of the father of the child and, if ordered by the clerk after determination that the change is in the best interests of the child, changing the surname of the child. History (1991, c. 667, s. 2; 1991 (Reg. Sess., 1992), c. 1030, s. 15; 1997-433, s. 4.9; 1998-17, s. 1; 2019-42, s. 1.) Editor's Note. - Session Laws 2019-42, s. 4, made the insertion of "after determination that the change is in the best interests of the child” in subsections (c) and (e) of this section by Session Laws 2019-42, s. 1, effective June 21, 2019, and applicable to birth certificates issued on or after that date. Effect of Amendments. - Session Laws 2019-42, s. 1, inserted "after determination that the change is in the best interests of the child" in subsections (c) and (e). For effective date and applicability, see editor's note. Legal Periodicals. - For casenote, "The Established Standard for Fathers Who Have Acknowledged Paternity and Who Are Seeking Custody of Their Illegitimate Child(ren): Rosero v. Blake, 357 N.C. 193 (2003)," see 26 N.C. Cent. L.J. 116 (2003).