NC General Statutes

N.C. Gen. Stat. § 49-5 (2026)

Prosecution; death of mother no bar; determination of fatherhood

✓ current as of July 2026

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Proceedings under this Article may be brought by the mother or her personal representative or, if the child is likely to become a public charge, the director of social services or such person as by law performs the duties of such official in said county where the mother resides or the child is found. Proceedings under this Article may be brought in the county where the mother resides or is found, or in the county where the putative father resides or is found, or in the county where the child is found. The fact that the child was born outside of the State of North Carolina shall not be a bar to proceedings against the putative father in any county where he resides or is found, or in the county where the mother resides or the child is found. The death of the mother shall in no wise affect any proceedings under this Article. Preliminary proceedings under this Article to determine the paternity of the child may be instituted prior to the birth of the child but when the judge or court trying the issue of paternity deems it proper, he may continue the case until the woman is delivered of the child. When a continuance is granted, the courts shall recognize the person accused of being the father of the child with surety for his appearance, either at the next session of the court or at a time to be fixed by the judge or court granting a continuance, which shall be after the delivery of the child. (1933, c. 228, s. 4; 1961, c. 186; 1969, c. 982; 1971, c. 1185, s. 18; 1981, c. 599, s. 13.)

Notes of Decisions

Cited in 3 cases, 1956–1976 · leading case: Tidwell v. Booker, 225 S.E.2d 816 (N.C. 1976).

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Tidwell v. Booker, 225 S.E.2d 816 (N.C. 1976). · cites it 2× “GS 49-5. In such criminal proceeding, "the court before which the matter may be brought shall determine whether or not the defendant is a parent of the child on whose behalf the proceeding is instituted.”

State v. Robinson, 95 S.E.2d 126 (N.C. 1956). “' Was there a judicial determination of the paternity of the child by the Domestic Relations Court in August 1951? Undoubtedly the Domestic Relations Court had jurisdiction to determine that question.”

State v. Dixon, 127 S.E.2d 246 (N.C. 1962). “The Attorney General calls attention to certain deviations from statutory requirements as shown by the record: The affidavit initiating the prosecution may be made by the mother or the Director of Public Welfare, G.S. 49-5; State v. Robinson, 245 N.C. 10 , 95 S.”

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.