NC General Statutes

N.C. Gen. Stat. § 49-15 (2026)

Custody and support of children born out of wedlock when paternity established

✓ current as of July 2026
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Upon and after the establishment of paternity pursuant to G.S. 49-14 of a child born out of wedlock, the rights, duties, and obligations of the mother and the father so established, with regard to support and custody of the child, shall be the same, and may be determined and enforced in the same manner, as if the child were the legitimate child of the father and mother. When paternity has been established, the father becomes responsible for medical expenses incident to the pregnancy and the birth of the child. (1967, c. 993, s. 1; 2013-198, s. 23.)

 

Notes of Decisions
Cited in 18 cases, 1974–2018 · leading case: Tidwell v. Booker, 225 S.E.2d 816 (N.C. 1976).
Tidwell v. Booker, 225 S.E.2d 816 (N.C. 1976). · cites it 12× “49-14, the rights, duties, and obligations of the mother and the father so established, with regard to support and custody of the child, shall be the same, and may be determined and enforced in the same manner, as if the child were the legitimate child of such father and mother.”
Loosvelt v. Brown, 760 S.E.2d 351 (N.C. Ct. App. 2014). · cites it 16× “See N.C. Gen. Stat. § 49-15 (2011); Freeman v.”
Rosero v. Blake, 563 S.E.2d 248 (N.C. Ct. App. 2002). · cites it 10× “]" N.C. Gen.Stat. § 49-15 (1999) (emphasis added).”
Rosero v. Blake, 581 S.E.2d 41 (N.C. 2003). · cites it 6× “N.C.G.S. § 49-15, which has not been amended since its enactment in 1967, provides as follows: Upon and after the establishment of paternity of an illegitimate child pursuant to G.”
Cnty. of Durham by & Through Durham DSS v. Burnette, 821 S.E.2d 840 (N.C. Ct. App. 2018). · cites it 3× “§ 49-15 (2017) (“Upon and after the establishment of paternity pursuant to G.”
Crews v. Paysour, 821 S.E.2d 469 (N.C. Ct. App. 2018). · cites it 2× “Pregnancy and Birth Expenses Mother brought a counterclaim for the expenses under North Carolina General Statute § 49-15, and Father concedes she presented evidence of these expenses at the trial.”
Smith v. Barbour, 571 S.E.2d 872 (N.C. Ct. App. 2002). · cites it 3× “An adjudication of paternity, on the other hand, only serves to equalize between the child’s father and mother “the rights, duties, and obligations .”
In the Matter of Legitimation of Locklear by Jones, 334 S.E.2d 46 (N.C. 1985). · cites it 2× “” See N.C. Gen. Stat. § 49-15 . Obviously, then, the presumption of legitimacy would also completely bar Petitioner’s action to establish himself as the lawful parent of his minor child under either statute, since the basic premise underlying both G.”
Smith v. Price, 328 S.E.2d 811 (N.C. Ct. App. 1985). · cites it 3× “G.S. 49-15. In making this determination, the court has considerable discretion but the welfare of the child is the primary consideration.”
Reynolds v. Motley, 385 S.E.2d 548 (N.C. Ct. App. 1989). · cites it 2× “Under North Carolina law, the duty of a putative father to support his illegitimate child is predicated on the judicial establishment of his paternity with respect to such child “pursuant to G.”
Wake Cnty. Ex Rel. Carrington v. Townes, 281 S.E.2d 765 (N.C. Ct. App. 1981). “First, G.S. 49-15 provides that once paternity has been determined, the duties and obligations of the adjudicated father riiay be “enforced in the same manner, as if the child were the legitimate child of such father.”
Smith v. Davis, 364 S.E.2d 156 (N.C. Ct. App. 1988). · cites it 2× “G.S. 49-15 indicates that once paternity is established custody and support rights “may be determined and enforced in the same manner, as if the child were the legitimate child of such father and mother.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.