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 petition, filed in a special proceeding in the superior court of the county in which the putative father resides or in the superior court of the county in which the child resides, praying that such child be declared legitimate. The mother, if living, and the child shall be necessary parties to the proceeding, and the full names of the father, mother and the child shall be set out in the petition. A certified copy of a certificate of birth of the child shall be attached to the petition. If it appears to the court that the petitioner is the father of the child, the court may thereupon declare and pronounce the child legitimated; and the full names of the father, mother and the child shall be set out in the court order decreeing legitimation of the child. The clerk of the court shall record the order in the record of orders and decrees and it shall be cross-indexed under the name of the father as plaintiff or petitioner on the plaintiff's side of the cross-index, and under the name of the mother, and the child as defendants or respondents on the defendants' side of the cross-index. (Code, s. 39; Rev., s. 263; C.S., s. 277; 1947, c. 663, s. 1; 1971, c. 154; 1977, c. 83, s. 1.)
Notes of Decisions
In the Matter of Legitimation of Locklear by Jones, 334 S.E.2d 46 (N.C. 1985).
· cites it 30× “Closely aligned with the State’s earlier argument that Petitioner should not be considered the “putative father” is an additional argument that Petitioner cannot be the “putative father” of the minor child “until he rebuts the presumption recognized in Eubanks, thereby making a…”
Rosero v. Blake, 563 S.E.2d 248 (N.C. Ct. App. 2002).
· cites it 18× “]" N.C. Gen. Stat. § 49-10 (1999). 2. N.C.G.”
In re C.W., 641 S.E.2d 725 (N.C. Ct. App. 2007).
· cites it 4× “Section 49-10 or by marriage to the mother of the Juveniles.”
In Re the Adoption of Clark, 393 S.E.2d 791 (N.C. 1990).
· cites it 12× “§ 48-13, may a subsequently filed affidavit relate back to the original filing date of the petition so as to cut off the rights of a putative father who filed a legitimation petition pursuant to N.”
In Re Papathanassiou, 671 S.E.2d 572 (N.C. Ct. App. 2009).
· cites it 21× “The paramount question presented by this appeal is whether the sole factual issue before the court in a legitimation proceeding pursuant to N.C. Gen. Stat. §§ 49-10 and 49-12.1 is the determination of whether the petitioner is the biological father of the minor child.”
In re I.S., 611 S.E.2d 467 (N.C. Ct. App. 2005).
· cites it 5× “This stipulation spoke only to respondent's failure to legitimate, or attempt to legitimate, the child as provided under N.C. Gen.Stat. § 49-10 (2003), which provides in part: *473 The putative father of any child born out of wedlock, whether such father resides in North…”
Rosero v. Blake, 581 S.E.2d 41 (N.C. 2003).
· cites it 6× “Plaintiff has never legitimated Kayla pursuant to N.C.G.S. § 49-10 or sought a judicial determination of paternity as provided for in N.”
In re S.C.R., 679 S.E.2d 905 (N.C. Ct. App. 2009).
· cites it 3× “pursuant to N.C. Gen. Stat. § 49-10 or to file a petition for this specific purpose, (3) legitimate S.”
In Re A.R.H.B., 651 S.E.2d 247 (N.C. Ct. App. 2007).
· cites it 4× “[Respondent] father of the juvenile has not (i) established paternity judicially or by affidavit which has been filed in a central registry maintained by the Department of Health and Human Services; or (ii) legitimated the juvenile pursuant to the provisions of G.S. 49-10 or…”
In re Z.T.B., 613 S.E.2d 298 (N.C. Ct. App. 2005).
· cites it 3× “That the Respondent is the father of the minor child, has never legitimated the minor child born out wedlock pursuant to NCGS § 49-10 or filed a petition for that purpose, has willfully abandoned the minor child for at least six consecutive months preceding the filing of the…”
In Re Mm, 684 S.E.2d 463 (N.C. Ct. App. 2009).
· cites it 4× “As evidenced by the letter admitted into evidence by the North Carolina Department of Health and Human Services, the father has not, prior to the filing of the petition to terminate parental rights, established paternity judicially or by affidavit.”
Yurek v. Shaffer, 678 S.E.2d 738 (N.C. Ct. App. 2009).
· cites it 3× “That the minor child was born out of wedlock and [Boyd] has not established paternity judicially or by affidavit filed in a central registry maintained by the Department of Health and Human Services,' and the father has not legitimated the minor child pursuant to the provisions…”
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