North Carolina General Statutes Chapter 49 Children Born Out of Wedlock

Article 1 - Support of Children Born Out of Wedlock.

N.C. Gen. Stat. § 49-1. Title
This Article shall be referred to as "An act concerning the support of children of parents not married to each other." (1933, c. 228,...
N.C. Gen. Stat. § 49-2. Nonsupport of child born out of wedlock by parents made misdemeanor
Any parent who willfully neglects or who refuses to provide adequate support and maintain his or her child born out of wedlock shall be...
N.C. Gen. Stat. § 49-3. Place of birth of child no consideration
The provisions of this Article shall apply whether such child shall have been begotten or shall have been born within or without the State...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 49-5. Prosecution; death of mother no bar; determination of fatherhood
Proceedings under this Article may be brought by the mother or her personal representative or, if the child is likely to become a public...
N.C. Gen. Stat. § 49-6. Mother not excused on ground of self-incrimination; not subject to penalty
No mother of a child born out of wedlock shall be excused, on the ground that it may tend to incriminate her or subject...
N.C. Gen. Stat. § 49-7. Issues and orders
The court before which the matter may be brought shall determine whether or not the defendant is a parent of the child on whose...
N.C. Gen. Stat. § 49-8. Power of court to modify orders, suspend sentence, etc
Upon the determination of the issues set out in G.S. 49-7 and for the purpose of enforcing the payment of the sum fixed, the...
N.C. Gen. Stat. § 49-9. Bond for future appearance of defendant
At the preliminary hearing of any case arising under this Article it shall be the duty of the court, if it finds reasonable cause...

Article 2 - Legitimation of Children Born Out of Wedlock.

N.C. Gen. Stat. § 49-10. Legitimation
The putative father of any child born out of wedlock, whether such father resides in North Carolina or not, may apply by a verified...
N.C. Gen. Stat. § 49-11. Effects of legitimation
The effect of legitimation under G.S. 49-10 shall be to impose upon the father and mother all of the lawful parental privileges and rights,...
N.C. Gen. Stat. § 49-12. Legitimation by subsequent marriage
When the mother of any child born out of wedlock and the reputed father of such child shall intermarry or shall have intermarried at...
N.C. Gen. Stat. § 49-12.1. Legitimation when mother married
(a) The putative father of a child born to a mother who is married to another man may file a special proceeding to legitimate...
N.C. Gen. Stat. § 49-13. New birth certificate on legitimation
A certified copy of the order of legitimation when issued under the provisions of G.S. 49-10 shall be sent by the clerk of the...
N.C. Gen. Stat. § 49-13.1. Repealed by Session Laws 2004-203, s. 3, effective August 17, 2004

Article 3 - Civil Actions Regarding Children Born Out of Wedlock.

N.C. Gen. Stat. § 49-14. Civil action to establish paternity; motion to set aside paternity
(a) The paternity of a child born out of wedlock may be established by civil action at any time prior to such child's eighteenth...
N.C. Gen. Stat. § 49-15. Custody and support of children born out of wedlock when paternity established
Upon and after the establishment of paternity pursuant to G.S. 49-14 of a child born out of wedlock, the rights, duties, and obligations of...
N.C. Gen. Stat. § 49-16. Parties to proceeding
Proceedings under this Article may be brought by: (1) The mother, the father, the child, or the personal representative of the mother or the...
N.C. Gen. Stat. § 49-17. Jurisdiction over nonresident or nonpresent persons
(a) The act of sexual intercourse within this State constitutes sufficient minimum contact with this forum for purposes of subjecting the person or persons...

Last modified: March 23, 2014