§ 49-5. Prosecution; death of mother no bar; determination of fatherhood. - North Carolina Statutes

§49‑5.  Prosecution; death of mother no bar; determination of fatherhood.

Proceedings under this Articlemay be brought by the mother or her personal representative or, if the child islikely to become a  public charge, the director of social services or suchperson as by law performs the duties of such official in said county where themother resides or the child is found. Proceedings under this Article may bebrought in the county where the mother resides or is found, or in the countywhere the putative father resides or is found, or in the county where the childis found. The fact that the child was born outside of the State of NorthCarolina shall not be a bar to proceedings against the putative father in anycounty where he resides or is found, or in the county where the mother residesor the child is found. The death of the mother shall in no wise affect anyproceedings under this Article. Preliminary proceedings under this Article todetermine the paternity of the child may be instituted prior to the birth ofthe child but when the judge or court trying the issue of paternity deems itproper, 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 ofbeing the father of the child with surety for his appearance, either at thenext session of the court or at a time to be fixed by the judge or courtgranting 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.)