When a child is born in North Carolina, the mother is the child’s legal mother. However, a biological father is not automatically the legal father until paternity is established.
When a child is born to a married couple, the husband is presumed to be the child’s biological and legal father. The husband’s name will be listed on the birth certificate as the child’s father. This is true even if the married couple was separated at the time of conception or birth.
When a child is born out of wedlock, or a child’s biological father wants to become the legal father in place of a husband, paternity must be established. This alleged father is called a “putative” father.
Three ways to establish paternity
If the child was born out of wedlock, the mother and putative father marriage after the child’s birth automatically establishes the putative father as the legal father. No further action by either parent is necessary.
If the mother and putative father agree that the father should become the child’s legal father, they can sign an affidavit of parentage. This can be done at the hospital at the time of the child’s birth.
An affidavit of parentage is a written document stating that both parties are the biological parents of the child. It is signed under threat of perjury.
Once an affidavit of parentage is signed, a father agrees to waive any rights related to using genetic testing to prove he is the child’s father. If you are asked to sign an affidavit of parentage, be sure that you are certain you are the child’s biological father before you sign.
Revoking an affidavit of parentage is often difficult. Courts typically frown on leaving a child without a legal father.
Filing a paternity action
If there is a dispute over the child’s biological father, or a child is born out of wedlock and the mother does not agree to sign an affidavit of parentage, a paternity action must be filed.
A putative father or biological mother may file a paternity action. Sometimes a child support agency files a paternity action if they are seeking to establish paternity to order child support.
A paternity action starts by filing a petition with the court with facts stating why an individual is believed to be the biological father of the child. The petition must be served on the other party.
Once service is made, the other party must respond to the petition. If they agree to paternity, a court will issue an order establishing paternity. If they do not agree to paternity, a court will likely require DNA testing to determine the child’s biological father.
The cost of DNA testing may be the responsibility of the individual contesting paternity. Once DNA testing confirms the biological father, a court issues an order with custody or child support terms.
Benefits to establishing paternity
A child with a legal father has the right to health insurance coverage or other benefits through the father. They have the right to receive an inheritance and child support from the father. The child also will gain access to certain records that help them learn more about their family’s genetic or medical history.
For a legal father, one of the biggest advantages of paternity is it provides the right to receive custody of the child. Custody actions in North Carolina cannot proceed until paternity is established and the child’s legal parents are named.