What is the process for establishing paternity in North Carolina?

In North Carolina, establishing paternity is a critical step for both legal and financial reasons. It can impact child custody, visitation, and support rights. Whether a father is listed on the birth certificate or not, there are clear legal pathways to establish paternity.

Voluntary acknowledgment of paternity

One way to establish paternity in North Carolina is through voluntary acknowledgment. This process happens when both the mother and the father agree on the child’s biological father. Both parents sign an affidavit at the hospital after the child is born, acknowledging the father’s identity. Once completed, the father’s name is added to the birth certificate. This method is simple and does not require court intervention.

DNA testing to establish paternity

If there is any doubt about paternity or if either parent contests the father’s identity, a DNA test may be necessary. North Carolina courts can order a DNA test to confirm paternity. The test compares the child’s DNA with the potential father’s DNA to determine if there is a biological match. If the test proves paternity, the father is legally recognized as the child’s biological parent.

Legal proceedings for paternity

In some situations, either parent may need to file a paternity action in court. This typically occurs when the parents are not in agreement on paternity or when one parent seeks legal custody or child support. During a paternity action, the court may order a DNA test, hear testimony, and issue a ruling on paternity.

Rights and responsibilities after paternity is established

Once paternity is established, the father gains rights, such as custody or visitation, and responsibilities, including child support. These rights and obligations will be legally binding and enforceable in North Carolina courts.