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Paternity
Can I establish paternity in North Carolina after age eighteen?

Can I establish paternity in North Carolina after age eighteen?

Q: How long does a father have to establish paternity in North Carolina?

In North Carolina, a father generally has until the child's eighteenth birthday to establish paternity through a civil action. After this age, it becomes more challenging to establish legal paternity, although there may be exceptions in certain circumstances.

Q: What rights does a father have if not on a birth certificate?

If a father is not listed on the birth certificate in North Carolina, he has no automatic legal rights regarding the child. He must establish paternity through legal means to gain rights, such as custody or visitation. This typically involves filing a petition in court.

Q: Who has legal custody of a child born out of wedlock in NC?

In North Carolina, if a child is born out of wedlock, the mother automatically has legal custody. The father must establish paternity through court proceedings to gain any legal rights or custody over the child.

Q: Does the biological father have rights if he is not on the birth certificate in NC?

A biological father who is not on the birth certificate in North Carolina does not have legal rights to the child. To obtain rights, he must establish paternity through court action, which may include DNA testing.

Full question:

I am a 59 year old woman whose birth was illegitimate. Can I still establish paternity through North Carolina court proceedings? Can North Carolina courts require my birth father and me to take DNA tests?

Category: Paternity
Date: 04/07/2025
State: North Carolina

Answer:

In North Carolina, you must bring a civil action to determine paternity before your eighteenth birthday. Therefore, it may not be possible for you to establish paternity now. However, if you are seeking to confirm paternity, North Carolina courts can order DNA testing for both you and your birth father.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if the father's name is not on the birth certificate in NC?

If the father's name is not on the birth certificate in North Carolina, he does not have legal rights or responsibilities regarding the child. To establish paternity, he may need to take legal action, such as filing a petition in court. This can lead to a determination of paternity, which may include DNA testing if necessary.