| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO CHANGE THE PROCESS FOR ESTABLISHING PATERNITY OF CHILDREN 2 |
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| 14 | 15 | | BORN OUT OF WEDLOCK . 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1. G.S. 29-19 reads as rewritten: 5 |
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| 17 | 18 | | "§ 29-19. Succession by, through and from children born out of wedlock. 6 |
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| 18 | 19 | | … 7 |
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| 19 | 20 | | (b) For purposes of intestate succession, a child born out of wedlock shall be entitled to 8 |
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| 20 | 21 | | take by, through and from: 9 |
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| 21 | 22 | | (1) Any person who has been finally adjudged to be the father of the child 10 |
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| 22 | 23 | | pursuant to the provisions of G.S. 49-1 through 49-9 or the provisions of 11 |
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| 23 | 24 | | G.S. 49-14 through 49-16;49-16. 12 |
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| 24 | 25 | | (2) Any person who has acknowledged himself during his own lifetime and the 13 |
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| 25 | 26 | | child's lifetime to be the father of the child in a written instrument executed or 14 |
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| 26 | 27 | | acknowledged before a certifying officer named in G.S. 52-10(b) and filed 15 |
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| 27 | 28 | | during his own lifetime and the child's lifetime in the office of the clerk of 16 |
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| 28 | 29 | | superior court of the county where either he or the child resides.G.S. 52-10(b). 17 |
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| 29 | 30 | | …." 18 |
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| 30 | 31 | | SECTION 2. G.S. 130A-101(f) reads as rewritten: 19 |
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| 31 | 32 | | "(f) If the mother was unmarried at all times from date of conception through date of birth, 20 |
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| 32 | 33 | | the name of the father shall not be entered on the certificate unless the child's mother and father 21 |
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| 33 | 34 | | complete an affidavit acknowledging paternity which contains the following: 22 |
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| 34 | 35 | | (1) A sworn statement by the mother consenting to the assertion of paternity by 23 |
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| 35 | 36 | | the father and declaring that the father is the child's natural father and that the 24 |
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| 36 | 37 | | mother was unmarried at all times from the date of conception through the 25 |
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| 37 | 38 | | date of birth; 26 |
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| 38 | 39 | | (2) A sworn statement by the father declaring that he believes he is the natural 27 |
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| 39 | 40 | | father of the child; 28 |
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| 40 | 41 | | (3) Information explaining in plain language the effect of signing the affidavit, 29 |
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| 41 | 42 | | including a statement of parental rights and responsibilities and an 30 |
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| 42 | 43 | | acknowledgment of the receipt of this information; and 31 |
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| 43 | 44 | | (4) The social security numbers of both parents. 32 |
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| 44 | 45 | | The State Registrar, in consultation with the Child Support Enforcement Section of the 33 |
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| 45 | 46 | | Division of Social Services, shall develop and disseminate a form affidavit for use in compliance 34 |
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| 46 | 47 | | with this section, together with an information sheet that contains all the information required to 35 |
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| 49 | 54 | | Upon the execution of the affidavit, the declaring father shall be listed as the father on the 1 |
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| 50 | 55 | | birth certificate, subject to the declaring father's right to rescind under G.S. 110-132. The 2 |
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| 51 | 56 | | executed affidavit shall be filed with the registrar along with the birth certificate. In the event 3 |
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| 52 | 57 | | paternity is properly placed at issue, a certified copy of the affidavit shall be admissible in any 4 |
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| 53 | 58 | | action to establish paternity. The surname of the child shall be determined by the mother, except 5 |
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| 54 | 59 | | if the father's name is entered on the certificate, the mother and father shall agree upon the child's 6 |
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| 55 | 60 | | surname. If there is no agreement, the child's surname shall be the same as that of the mother. 7 |
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| 56 | 61 | | The execution and filing of this affidavit with the registrar does not affect rights of inheritance 8 |
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| 57 | 62 | | unless the affidavit is also filed with the clerk of court in accordance with G.S. 29-19(b)(2)." 9 |
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| 58 | 63 | | SECTION 3. This act is effective when it becomes law and applies to the estates of 10 |
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| 59 | 64 | | decedents opened on or after that date. 11 |
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