§ 49-14. Civil action to establish paternity. - North Carolina Statutes

Article 3.

Civil Actions RegardingIllegitimate Children.

§ 49‑14.  Civil actionto establish paternity.

(a)        The paternity of achild born out of wedlock may be established by civil action at any time priorto such child's eighteenth birthday. A copy of a certificate of birth of thechild shall be attached to the complaint. The establishment of paternity shallnot have the effect of legitimation. The social security numbers, if known, ofthe minor child's parents shall be placed in the record of the proceeding.

(b)        Proof of paternitypursuant to this section shall be by clear, cogent, and convincing evidence.

(c)        No such actionshall be commenced nor judgment entered after the death of the putative father,unless the action is commenced either:

(1)        Prior to the deathof the putative father;

(2)        Within one yearafter the date of death of the putative father, if a proceeding foradministration of the estate of the putative father has not been commencedwithin one year of his death; or

(3)        Within the periodspecified in G.S. 28A‑19‑3(a) for presentation of claims against anestate, if a proceeding for administration of the estate of the putative fatherhas been commenced within one year of his death.

Any judgment under thissubsection establishing a decedent to be the father of a child shall be enterednunc pro tunc to the day preceding the date of death of the father.

(d)        If the action toestablish paternity is brought more than three years after birth of a child oris brought after the death of the putative father, paternity shall not beestablished in a contested case without evidence from a blood or genetic markertest.

(e)        Either party to anaction to establish paternity may request that the case be tried at the firstsession of the court after the case is docketed, but the presiding judge, inhis discretion, may first try any pending case in which the rights of theparties or the public demand it.

(f)         When adetermination of paternity is pending in a IV‑D case, the court shallenter a temporary order for child support upon motion and showing of clear,cogent, and convincing evidence of paternity. For purposes of this subsection,the results of blood or genetic tests shall constitute clear, cogent, andconvincing evidence of paternity if the tests show that the probability of thealleged parent's parentage is ninety‑seven percent (97%) or higher. Ifpaternity is not thereafter established, then the putative father shall bereimbursed the full amount of temporary support paid under the order.

(g)        Invoices for servicesrendered for pregnancy, childbirth, and blood or genetic testing are admissibleas evidence without requiring third party foundation testimony and shallconstitute prima facie evidence of the amounts incurred for the services or fortesting on behalf of the child. (1967, c. 993, s. 1; 1973, c. 1062, s. 3; 1977, c. 83,s. 2; 1981, c. 599, s. 14; 1985, c. 208, ss. 1, 2; 1993, c. 333, s. 3; 1995, c.424, ss. 1, 2; 1997‑154, s. 1; 1997‑433, ss. 4.2, 4.10; 1998‑17,s. 1; 2005‑389, s. 3.)