§ 130A-101. Birth registration. - North Carolina Statutes

§ 130A‑101.  Birthregistration.

(a)        A certificate ofbirth for each live birth, regardless of the gestation period, which occurs inthis State shall be filed with the local registrar of the county in which thebirth occurs within 10 days after the birth and shall be registered by theregistrar if it has been completed and filed in accordance with this Articleand the rules.

(b)        When a birth occursin a hospital or other medical facility, the person in charge of the facilityshall obtain the personal data, prepare the certificate, secure the signaturesrequired by the certificate and file it with the local registrar within fivedays after the birth. The physician or other person in attendance shall providethe medical information required by the certificate.

(c)        When a birth occursoutside a hospital or other medical facility, the certificate shall be preparedand filed by one of the following in the indicated order of priority:

(1)        The physician inattendance at or immediately after the birth, or in the absence of such aperson;

(2)        Any other person inattendance at or immediately after the birth, or in the absence of such aperson;

(3)        The father, themother or, in the absence or inability of the father and the mother, the personin charge of the premises where the birth occurred.

(d)        When a birth occurson a moving conveyance and the child is first moved from the conveyance in thisState, the birth shall be registered in the county where the child is firstremoved from the conveyance, and that place shall be considered the place ofbirth.

(e)        If the mother wasmarried at the time of either conception or birth, or between conception andbirth, the name of the husband shall be entered on the certificate as thefather of the child, except as provided in this subsection. The surname of thechild shall be the same as that of the husband, except that upon agreement ofthe husband and mother, or upon agreement of the mother and father if paternityhas been otherwise determined, any surname may be chosen. The name of theputative father shall be entered on the certificate as the father of the childif one of the following conditions exists:

(1)        Paternity has beenotherwise determined by a court of competent jurisdiction, in which case thename of the father as determined by the court shall be entered.

(2)        The child's mother,mother's husband, and putative father complete an affidavit acknowledgingpaternity that contains all of the following:

a.         A sworn statement bythe mother consenting to the assertion of paternity by the putative father anddeclaring that the putative father is the child's natural father.

b.         A sworn statement bythe putative father declaring that he believes he is the natural father of thechild.

c.         A sworn statement bythe mother's husband consenting to the assertion of paternity by the putativefather.

d.         Informationexplaining in plain language the effect of signing the affidavit, including astatement of parental rights and responsibilities and an acknowledgment of thereceipt of this information.

e.         The social securitynumbers of the putative father, mother, and mother's husband.

f.          The results of aDNA test that has confirmed the paternity of the putative father.

(f)         If the mother wasunmarried at all times from date of conception through date of birth, the nameof the father shall not be entered on the certificate unless the child's motherand father complete an affidavit acknowledging paternity which contains thefollowing:

(1)        A sworn statement bythe mother consenting to the assertion of paternity by the father and declaringthat the father is the child's natural father and that the mother was unmarriedat all times from the date of conception through the date of birth;

(2)        A sworn statement bythe father declaring that he believes he is the natural father of the child;

(3)        Informationexplaining in plain language the effect of signing the affidavit, including astatement of parental rights and responsibilities and an acknowledgment of thereceipt of this information; and

(4)        The social security numbersof both parents.

The State Registrar, inconsultation with the Child Support Enforcement Section of the Division ofSocial Services, shall develop and disseminate a form affidavit for use incompliance with this section, together with an information sheet that containsall the information required to be disclosed by subdivision (3) of thissubsection.

Upon the execution of theaffidavit, the declaring father shall be listed as the father on the birthcertificate, subject to the declaring father's right to rescind under G.S. 110‑132.The executed affidavit shall be filed with the registrar along with the birthcertificate. In the event paternity is properly placed at issue, a certifiedcopy of the affidavit shall be admissible in any action to establish paternity.The surname of the child shall be determined by the mother, except if thefather's name is entered on the certificate, the mother and father shall agreeupon the child's surname. If there is no agreement, the child's surname shallbe the same as that of the mother.

The execution and filing ofthis affidavit with the registrar does not affect rights of inheritance unlessthe affidavit is also filed with the clerk of court in accordance with G.S. 29‑19(b)(2).

(g)        Each parent shallprovide his or her social security number to the person responsible forpreparing and filing the certificate of birth.  (1913, c. 109, s. 13; 1915, c. 85, s. 1; C.S., s.7010; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1979, c. 95, s. 4; c. 417;1983, c. 891, s. 2; 1989, c. 199, ss. 1, 2; 1989 (Reg. Sess., 1990), c. 1004,s. 6; 1993, c. 333, s. 1; 1995, c. 428, s. 1; 1997‑433, s. 4.12; 1998‑17,s. 1; 2005‑389, s. 4; 2009‑285, s. 1.)