NC General Statutes

N.C. Gen. Stat. § 130A-101 (2026)

Birth registration

✓ current as of July 2026

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(a) A certificate of birth for each live birth, regardless of the gestation period, which occurs in this State shall be filed with the local registrar of the county in which the birth occurs within 10 days after the birth and shall be registered by the registrar if it has been completed and filed in accordance with this Article and the rules.

(b) When a birth occurs in a hospital or other medical facility, the person in charge of the facility shall obtain the personal data, prepare the certificate, secure the signatures required by the certificate and file it with the local registrar within 10 days after the birth. The physician or other person in attendance shall provide the medical information required by the certificate.

(c) When a birth occurs outside a hospital or other medical facility, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

(1) The physician in attendance at or immediately after the birth, or in the absence of such a person;

(2) Any other person in attendance at or immediately after the birth, or in the absence of such a person;

(3) The father, the mother or, in the absence or inability of the father and the mother, the person in charge of the premises where the birth occurred.

(d) When a birth occurs on a moving conveyance and the child is first moved from the conveyance in this State, the birth shall be registered in the county where the child is first removed from the conveyance, and that place shall be considered the place of birth.

(e) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, except as provided in this subsection. The surname of the child shall be the same as that of the husband, except that upon agreement of the husband and mother, or upon agreement of the mother and father if paternity has been otherwise determined, any surname may be chosen. The name of the putative father shall be entered on the certificate as the father of the child if one of the following conditions exists:

(1) Paternity has been otherwise determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.

(2) The child's mother, mother's husband, and putative father complete an affidavit acknowledging paternity that contains all of the following:

a. A sworn statement by the mother consenting to the assertion of paternity by the putative father and declaring that the putative father is the child's natural father.

b. A sworn statement by the putative father declaring that he believes he is the natural father of the child.

c. A sworn statement by the mother's husband consenting to the assertion of paternity by the putative father.

d. Information explaining in plain language the effect of signing the affidavit, including a statement of parental rights and responsibilities and an acknowledgment of the receipt of this information.

e. The social security numbers of the putative father, mother, and mother's husband.

f. The results of a DNA test that has confirmed the paternity of the putative father.

(f) If the mother was unmarried at all times from date of conception through date of birth, the name of the father shall not be entered on the certificate unless the child's mother and father complete an affidavit acknowledging paternity which contains the following:

(1) A sworn statement by the mother consenting to the assertion of paternity by the father and declaring that the father is the child's natural father and that the mother was unmarried at all times from the date of conception through the date of birth;

(2) A sworn statement by the father declaring that he believes he is the natural father of the child;

(3) Information explaining in plain language the effect of signing the affidavit, including a statement of parental rights and responsibilities and an acknowledgment of the receipt of this information; and

(4) The social security numbers of both parents.

The State Registrar, in consultation with the Child Support Enforcement Section of the Division of Social Services, shall develop and disseminate a form affidavit for use in compliance with this section, together with an information sheet that contains all the information required to be disclosed by subdivision (3) of this subsection.

Upon the execution of the affidavit, the declaring father shall be listed as the father on the birth certificate, subject to the declaring father's right to rescind under G.S. 110-132. The executed affidavit shall be filed with the registrar along with the birth certificate. In the event paternity is properly placed at issue, a certified copy of the affidavit shall be admissible in any action to establish paternity. The surname of the child shall be determined by the mother, except if the father's name is entered on the certificate, the mother and father shall agree upon the child's surname. If there is no agreement, the child's surname shall be the same as that of the mother.

(g) Each parent shall provide his or her social security number to the person responsible for preparing and filing the certificate of birth.

(h) When a birth occurs, the person responsible for preparing the birth certificate under this section shall provide the mother, father, or legal guardian of the child with information about how to request a protected consumer security freeze for the child under G.S. 75-63.1 and the potential benefits of doing so. (1913, c. 109, s. 13; 1915, c. 85, s. 1; C.S., s. 7010; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1979, c. 95, s. 4; c. 417; 1983, c. 891, s. 2; 1989, c. 199, ss. 1, 2; 1989 (Reg. Sess., 1990), c. 1004, s. 6; 1993, c. 333, s. 1; 1995, c. 428, s. 1; 1997-433, s. 4.12; 1998-17, s. 1; 2005-389, s. 4; 2009-285, s. 1; 2013-378, s. 8; 2015-193, s. 4; 2025-75, s. 4.)

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1991–2024 · leading case: In re J.K.C., 721 S.E.2d 264 (N.C. Ct. App. 2012).

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In re J.K.C., 721 S.E.2d 264 (N.C. Ct. App. 2012). · cites it 8× “Although our Courts have not previously identified this as a rebuttable presumption, N.C. Gen. Stat. §§ 130A-101, 130A-118, and 130A-119 4 , taken together, create a rebuttable presumption that the respondent has taken the legal steps necessary to establish paternity; otherwise,…”

In Re the Change of Name of Crawford, 517 S.E.2d 161 (N.C. Ct. App. 1999). · cites it 16× “Specifically, petitioner contends that because Chadwick was born out of wedlock and has not been legitimated, G.S. § 130A-101 operates to vest petitioner with superior rights in naming the child; that despite respondent’s acknowledgment of paternity, petitioner could have…”

In Re Papathanassiou, 671 S.E.2d 572 (N.C. Ct. App. 2009). · cites it 4× “has not required a “best interest[] of the child” inquiry in the context of naming a child under G.S. § 130A-101(f)(4), nor in the changing of a child’s name under G.”

Matter of Est. of Morris, 472 S.E.2d 786 (N.C. Ct. App. 1996). · cites it 4× “Petitioner argues that by executing an affidavit of paternity under G.S. 130A-101(f), he constructively complied with the statutory requirements of N.”

In the Matter of McS, 690 S.E.2d 559 (N.C. Ct. App. 2010). · cites it 12× “There is no indication in the record that respondent-appellant and the mother ever completed an affidavit as provided by N.C. Gen. Stat. § 130A-101(f); to the contrary, Richard Hayner, WCHS child welfare supervisor, testified that respondent-appellant had not taken any steps to…”

In re: L.C. (N.C. Ct. App. 2024). · cites it 5× “Layla’s birth certificate would be governed by N.C. Gen. Stat. § 130A-101: (f) If the mother was unmarried at all times from date of conception through date of birth, the name of the father shall not be entered on the certificate unless the child's mother and father complete an…”

State v. McInnis, 401 S.E.2d 774 (N.C. Ct. App. 1991). · cites it 2× “The hospital records had little probative value and were misleading because no evidence was presented identifying the male person, who could have been a relative or friend.”

— N.C. Gen. Stat. § 130A-101(f) — 5 cases

In re J.K.C., 721 S.E.2d 264 (N.C. Ct. App. 2012). “Although our Courts have not previously identified this as a rebuttable presumption, N.C. Gen. Stat. §§ 130A-101, 130A-118, and 130A-119 4 , taken together, create a rebuttable presumption that the respondent has taken the legal steps necessary to establish paternity; otherwise,…”

Matter of Est. of Morris, 472 S.E.2d 786 (N.C. Ct. App. 1996). “Petitioner argues that by executing an affidavit of paternity under G.S. 130A-101(f), he constructively complied with the statutory requirements of N.”

In the Matter of McS, 690 S.E.2d 559 (N.C. Ct. App. 2010). “There is no indication in the record that respondent-appellant and the mother ever completed an affidavit as provided by N.C. Gen. Stat. § 130A-101(f); to the contrary, Richard Hayner, WCHS child welfare supervisor, testified that respondent-appellant had not taken any steps to…”

In re: L.C. (N.C. Ct. App. 2024). “Layla’s birth certificate would be governed by N.C. Gen. Stat. § 130A-101: (f) If the mother was unmarried at all times from date of conception through date of birth, the name of the father shall not be entered on the certificate unless the child's mother and father complete an…”

State v. McInnis, 401 S.E.2d 774 (N.C. Ct. App. 1991). “The hospital records had little probative value and were misleading because no evidence was presented identifying the male person, who could have been a relative or friend.”

— N.C. Gen. Stat. § 130A-101(f)(2009) — 1 case

— N.C. Gen. Stat. § 130A-101(f)(4) — 2 cases

In Re the Change of Name of Crawford, 517 S.E.2d 161 (N.C. Ct. App. 1999). “Specifically, petitioner contends that because Chadwick was born out of wedlock and has not been legitimated, G.S. § 130A-101 operates to vest petitioner with superior rights in naming the child; that despite respondent’s acknowledgment of paternity, petitioner could have…”

In Re Papathanassiou, 671 S.E.2d 572 (N.C. Ct. App. 2009). “has not required a “best interest[] of the child” inquiry in the context of naming a child under G.S. § 130A-101(f)(4), nor in the changing of a child’s name under G.”

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