§ 49-10. Legitimation. - North Carolina Statutes

Article2.

Legitimation ofIllegitimate Children.

§ 49‑10.  Legitimation.

The putative father of anychild born out of wedlock, whether such father resides in North Carolina ornot, may apply by a verified written petition, filed in a special proceeding inthe superior court of the county in which the putative father resides or in thesuperior court of the county in which the child resides, praying that suchchild be declared legitimate. The mother, if living, and the child shall benecessary parties to the proceeding, and the full names of the father, motherand the child shall be set out in the petition. A certified copy of acertificate of birth of the child shall be attached to the petition. If itappears to the court that the petitioner is the father of the child, the courtmay thereupon declare and pronounce the child legitimated; and the full namesof the father, mother and the child shall be set out in the court orderdecreeing legitimation of the child. The clerk of the court shall record theorder in the record of orders and decrees and it shall be cross‑ indexedunder the name of the father as plaintiff or petitioner on the plaintiff's sideof the cross‑index, and under the name of the mother, and the child asdefendants or respondents on the defendants' side of the cross‑index. (Code,s. 39; Rev., s. 263; C.S., s. 277; 1947, c. 663, s. 1; 1971, c. 154; 1977, c.83, s. 1.)