TN 27 (12-00)
GN 00306.580 North Carolina Intestacy Laws
Child born out of wedlock acquires status of child and father acquires status as parent
child is legitimated by superior court upon petition of reputed father; or
(I) father has acknowledged paternity in a written instrument filed during his lifetime
and the lifetime of the child with the superior court; or
(I*) father has been adjudged the father of the child in a support or paternity proceeding.
For claims filed on or after 11/27/98, or pending on that date, a court adjudication
of paternity is not required. SSA determines the relationship between the alleged
father and the child by applying the standard of proof that the State court would
Paternity must be proved by clear, cogent, and convincing evidence.
Before 10/01/98, if the action to establish paternity is brought more than 3 years
after the birth of the child or is brought after the death of the putative father,
paternity shall not be established in a contested case without evidence from a blood
or genetic marker test. A contested case is a case in which someone with an interest
adverse to the child's claim asserts that interest before a court or SSA.
Effective 10/01/98, if the action to establish paternity is brought more than 3 years
after the birth of the child, paternity shall not be established in a contested case
without evidence from a blood or genetic marker test.
Effective 10/01/93, if blood or genetic marker tests establish a probability of paternity
of less than 85%, the individual is presumed not to be the child's father; if probability
of paternity is 97% or higher, the individual is presumed to be the child's father.
These presumptions may be rebutted only by clear, cogent, and convincing evidence.
Effective 10/01/95, DNA testing may be used to establish a parent-child relationship
retroactively to the day before the death of the deceased father or the full retroactive
period of the application, whichever is the most recent.
*Any judgment establishing paternity that was entered on or after 10/01/95, but before
10/01/98, or that resulted from an action commenced within that period, has effect
from the date of the father's death.