Proceedings under this Article may be brought by:
(1) The mother, the father, the child, or the personal representative of the mother or the child.
(2) When the child, or the mother in case of medical expenses, is likely to become a public charge, the director of social services or such person as by law performs the duties of such official,
a. In the county where the mother resides or is found,
b. In the county where the putative father resides or is found, or
c. In the county where the child resides or is found. (1967, c. 993, s. 1; 1969, c. 982; 1975, c. 54, s. 2.)
§ 49-17. Jurisdiction over nonresident or nonpresent persons.
(a) The act of sexual intercourse within this State constitutes sufficient minimum contact with this forum for purposes of subjecting the person or persons participating therein to the jurisdiction of the courts of this State for actions brought under this Article for paternity and support of any child who may have been conceived as a result of such act.
(b) The jurisdictional basis in subsection (a) of this section shall be construed in addition to, and not in lieu of, any basis or bases for jurisdiction within G.S. 1-75.4. (1979, c. 542.)
Notes of Decisions
State Ex Rel. Tucker v. Frinzi, 474 S.E.2d 127 (N.C. 1996).
· cites it 6× “N.C.G.S. § 49-16 (1984). The first action was brought by the Forsyth County Department of Social Services.”
Stockton v. Est. of Thompson, 600 S.E.2d 13 (N.C. Ct. App. 2004).
· cites it 16× “The issue before this Court is whether a party not designated in N.C. Gen. Stat. § 49-16 may intervene in a civil paternity action commenced pursuant to N.”
Tidwell v. Booker, 225 S.E.2d 816 (N.C. 1976).
· cites it 2× “GS 49-16(1)." Upon and after the establishment of paternity of an illegitimate child pursuant to G.”
Smith v. Bumgarner, 443 S.E.2d 744 (N.C. Ct. App. 1994).
· cites it 6× “§ 49-14(a) provides: The paternity of a child born out of wedlock may be established by civil action at any time prior to such child’s eighteenth birthday. A certified copy of a certificate of birth of the child shall be attached to the complaint.”
Cnty. of Lenoir Ex Rel. Cogdell v. Johnson, 264 S.E.2d 816 (N.C. Ct. App. 1980).
“See, G.S. 49-16(2). The need for a statute of limitations in civil paternity actions must especially be questioned in light of advances which have recently been made in blood typing, such as the HLA typing test, which in combination with other tests has been determined to be…”
Mitchell Ex Rel. Mitchell v. Freuler, 254 S.E.2d 762 (N.C. 1979).
“49-14 through G.S. 49-16 *209 authorize the establishment of paternity by proof beyond a reasonable doubt in a civil action commenced during the lifetime of the putative father and within three years next after the birth of the child or within three years next after the date of…”
Jeffries v. Moore, 559 S.E.2d 217 (N.C. Ct. App. 2002).
· cites it 6× “" N.C.G.S. § 49-16(1) (1999). Thus, our statutes authorize actions by putative fathers where a child is born during wedlock to a mother married to another man.”
Aman v. Nicholson (N.C. Ct. App. 2023).
· cites it 2× “Once, Rule 11(c) uses the phrase: “any item not filed, served, submitted for consideration, or admitted, or for which no offer of proof was tendered, shall not be included[.”
Settle ex rel. Sullivan v. Beasley, 298 S.E.2d 62 (N.C. Ct. App. 1982).
“G.S. 49-16 permits the mother, father, child, personal representative of the mother or the child, or in some cases, the director of Social Services, or the person who performs the duties of such persons in certain counties, to bring an action to establish paternity.”
Sanders v. Brantley, 323 S.E.2d 426 (N.C. Ct. App. 1984).
“49-14 through G.S. 49-16; .... G.S. 2949(b)(1) (Cum. Supp.”
— N.C. Gen. Stat. § 49-16(1) — 2 cases
Tidwell v. Booker, 225 S.E.2d 816 (N.C. 1976).
“GS 49-16(1)." Upon and after the establishment of paternity of an illegitimate child pursuant to G.”
Jeffries v. Moore, 559 S.E.2d 217 (N.C. Ct. App. 2002).
“" N.C.G.S. § 49-16(1) (1999). Thus, our statutes authorize actions by putative fathers where a child is born during wedlock to a mother married to another man.”
— N.C. Gen. Stat. § 49-16(2) — 1 case
Cnty. of Lenoir Ex Rel. Cogdell v. Johnson, 264 S.E.2d 816 (N.C. Ct. App. 1980).
“See, G.S. 49-16(2). The need for a statute of limitations in civil paternity actions must especially be questioned in light of advances which have recently been made in blood typing, such as the HLA typing test, which in combination with other tests has been determined to be…”
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