Payne & Associates, PLLC

If you've had a child, paternity testing can be an important part of determining who is the legal and biological father of that child. While it's not required in all situations, a paternity test can help you find out if you are the father of a child.

In North Carolina, the legal definition of father is not actually addressed in any of the state's statutes. Instead, paternity must be established to define the father by law. If the mother of a child is married at the time of the child's birth or between the time of the conception and birth, then her husband can be placed on the birth certificate without further testing or information.

The last name of a child from a married couple is the father's last name. If the mother and father agree otherwise, then the child's name may be the mother's last name or a combination of both. If other paternity has been determined, then the child's last name could be anything agreed upon.

A putative father will be listed as the father of a child on the child's birth certificate if paternity has been established. This can be done by a court-ordered test. The mother, father and putative father may also sign an affidavit agreeing that the putative father is the biological father of the child.

For women who are not married at the time of the child's birth, an affidavit must be signed by both the mother and father to place the man's name on the child's birth certificate. Before signing, a man or woman does have a right to request a paternity test through the courts. Our website has more on why paternity matters.

No Comments

Leave a comment
Comment Information

Payne & Associates, PLLC
206 North Spruce Street, Suite 1B
Winston Salem, NC 27101

Phone: 336-283-2937
Fax: 336-217-8784
Winston Salem Law Office Map