North Carolina Statutes

Chapter 49 Bastardy

Article 1 - Support of Illegitimate Children.

• § 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, s.
• § 49-2   Nonsupport of illegitimate child by parents made misdemeanor
  Any parent who willfully neglects or who refuses to provide adequate support and maintain his or her illegitimate child shall be guilty of a Class...
• § 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 of...
• § 49-4   When prosecution may be commenced
  The prosecution of the reputed father of an illegitimate child may be instituted under this Chapter within any of the following periods, and not thereafter:...
• § 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 charge,...
• § 49-6   Mother not excused on ground of self-incrimination; not subject to penalty
  No mother of an illegitimate child shall be excused, on the ground that it may tend to incriminate her or subject her to a penalty...
• § 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 behalf...
• § 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 court...
• § 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 for...

Article 2 - Legitimation of Illegitimate Children.

• § 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 written...
• § 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, as...
• § 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 any...
• § 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 the...
• § 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 superior...
• § 49-13.1   Repealed by Session Laws 2004-203, s. 3, effective August 17, 2004

Article 3 - Civil Actions Regarding Illegitimate Children.

• § 49-14   Civil action to establish 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 birthday....
• § 49-15   Custody and support of illegitimate children when paternity established
  Upon and after the establishment of paternity of an illegitimate child pursuant to G.S. 49‑14, the rights, duties, and obligations of the mother and the...
• § 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 child....
• § 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 participating...