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 well as all of the obligations which parents owe to their lawful issue, and to the same extent as if said child had been born in wedlock, and to entitle such child by succession, inheritance or distribution, to take real and personal property by, through, and from his or her father and mother as if such child had been born in lawful wedlock. In case of death and intestacy, the real and personal estate of such child shall descend and be distributed according to the Intestate Succession Act as if he had been born in lawful wedlock. (Code, s. 40; Rev., s. 264; C.S., s. 278; 1955, c. 540, s. 2; 1959, c. 879, s. 10; 1963, c. 1131.)
§ 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 time after the birth of such child, the child shall, in all respects after such intermarriage be deemed and held to be legitimate and the child shall be entitled, by succession, inheritance or distribution, to real and personal property by, through, and from his father and mother as if such child had been born in lawful wedlock. In case of death and intestacy, the real and personal estate of such child shall descend and be distributed according to the Intestate Succession Act as if he had been born in lawful wedlock. (1917, c. 219, s. 1; C.S., s. 279; 1947, c. 663, s. 2; 1955, c. 540, s. 3; 1959, c. 879, s. 11.)
Notes of Decisions
Cited in
9
cases, 1961–2009 · leading case:
Rosero v. Blake, 563 S.E.2d 248 (N.C. Ct. App. 2002).
Rosero v. Blake, 563 S.E.2d 248 (N.C. Ct. App. 2002).
· cites it 10× “]" N.C. Gen.Stat. § 49-11 (1999). 2. N.C.G.S.”
Settle by & Through Sullivan v. Beasley, 308 S.E.2d 288 (N.C. 1983).
· cites it 4× “The paternity adjudication will dramatically affect his personal interests. His interests in an accurate determination of paternity are at least equal to those of defendant.”
Smith v. Barbour, 571 S.E.2d 872 (N.C. Ct. App. 2002).
· cites it 6× “N.C.G.S. § 49-11 (2001); see also N.C.G.S.”
Rosero v. Blake, 581 S.E.2d 41 (N.C. 2003).
· cites it 3× “See N.C.G.S. § 49-11 (2001) (“The effect of legitimation .”
Gorsuch v. Dees, 618 S.E.2d 747 (N.C. Ct. App. 2005).
· cites it 4× “49-10 shall be to impose upon the father and mother all of the lawful parental privileges and rights, as well as all of the obligations which parents owe to their lawful issue, and to the same extent as if said child had been born in wedlock, and to entitle such child by…”
In Re Papathanassiou, 671 S.E.2d 572 (N.C. Ct. App. 2009).
· cites it 4× “N.C. Gen. Stat. § 49-11 (2005). By specifying the manner in which an illegitimate child’s paternity may be established, the legislature has attempted to grant to illegitimate children rights of inheritance on par with those enjoyed by legitimate children.”
Mitchell Ex Rel. Mitchell v. Freuler, 254 S.E.2d 762 (N.C. 1979).
“G.S. 49-11 (1976) specifies that the effect of such legitimation is (1) to impose upon the father and mother all the lawful rights, privileges, and obligations of parenthood; and (2), in case of *210 death and intestacy, to make the child an heir of his father and mother as if…”
In Re Doe, 181 S.E.2d 760 (N.C. Ct. App. 1971).
“48-7 had his child been born in wedlock and since G.S. 49-11 provides that “ [t] he effect of legitimation under G.”
Greenlee v. Quinn, 122 S.E.2d 409 (N.C. 1961).
“29-1, G.S. 49-11, and G.S. 49-12 (C.S. 279), all as amended by Chap.”
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