Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In North Carolina, paternity is the legal recognition of a man as the father of a child. Establishing paternity is crucial for child support obligations, inheritance, and legal rights to the child. Under North Carolina law, a man is presumed to be the father of a child if the child is born during his marriage to the mother. This presumption can be challenged and potentially overturned with the use of court-ordered genetic testing. If a child is born out of wedlock, paternity can be established voluntarily by both parents signing an Affidavit of Parentage or through a court order. The relevant statutes are found in the North Carolina General Statutes, specifically in Chapter 49, which deals with the establishment and disestablishment of paternity. It is important for individuals involved in paternity disputes or seeking to establish paternity to consult with an attorney to navigate the legal process effectively.