State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_110 > GS_110-132

§ 110‑132.  Affidavit of parentage and agreementto support.

(a)        In lieu of or in conclusion of any legal proceedinginstituted to establish paternity, the written affidavits of parentage executedby the putative father and the mother of the dependent child shall constitutean admission of paternity and shall have the same legal effect as a judgment ofpaternity for the purpose of establishing a child support obligation, subjectto the right of either signatory to rescind within the earlier of:

(1)        60 days of the date the document is executed, or

(2)        The date of entry of an order establishing paternity or anorder for the payment of child support.

In order to rescind, a challenger must request the district court toorder the rescission and to include in the order specific findings of fact thatthe request for rescission was filed with the clerk of court within 60 days ofthe signing of the document. The court must also find that all parties,including the child support enforcement agency, if appropriate, have beenserved in accordance with Rule 4 of the North Carolina Rules of CivilProcedure. In the event the court orders rescission and the putative father isthereafter found not to be the father of the child, then the clerk of courtshall send a copy of the order of rescission to the State Registrar of VitalStatistics. Upon receipt of an order of rescission, the State Registrar shallremove the putative father's name from the birth certificate. In the event thatthe putative father defaults or fails to present or prosecute the issue ofpaternity, the trial court shall find the putative father to be the biologicalfather as a matter of law.

After 60 days have elapsed, execution of the document may be challengedin court only upon the basis of fraud, duress, mistake, or excusable neglect.The burden of proof shall be on the challenging party, and the legalresponsibilities, including child support obligations, of any signatory arisingfrom the executed documents may not be suspended during the challenge except forgood cause shown.

A written agreement to support the child by periodic payments, whichmay include provision for reimbursement for medical expenses incident to thepregnancy and the birth of the child, accrued maintenance and reasonableexpense of prosecution of the paternity action, when acknowledged as providedherein, filed with, and approved by a judge of the district court at any time,shall have the same force and effect as an order of support entered by thatcourt, and shall be enforceable and subject to modification in the same manneras is provided by law for orders of the court in such cases. The writtenaffidavit shall contain the social security number of the person executing theaffidavit. Voluntary agreements to support shall contain the social securitynumber of each of the parties to the agreement. The written affidavits andagreements to support shall be sworn to before a certifying officer or notarypublic or the equivalent or corresponding person of the state, territory, orforeign country where the affirmation, acknowledgment, or agreement is made,and shall be binding on the person executing the same whether the person is anadult or a minor. The child support enforcement agency shall ensure that themother and putative father are given oral and written notice of the legalconsequences and responsibilities arising from the signing of an affidavit ofparentage and of any alternatives to the execution of an affidavit ofparentage. The mother shall not be excused from making the affidavit on thegrounds that it may tend to disgrace or incriminate her; nor shall shethereafter be prosecuted for any criminal act involved in the conception of thechild as to whose paternity she attests.

(b)        At any time after the filing with the district court of anaffidavit of parentage, upon the application of any interested party, the courtor any judge thereof shall cause a summons signed by him or by the clerk orassistant clerk of superior court, to be issued, requiring the putative fatherto appear in court at a time and place named therein, to show cause, if any hehas, why the court should not enter an order for the support of the child byperiodic payments, which order may include provision for reimbursement formedical expenses incident to the pregnancy and the birth of the child, accruedmaintenance and reasonable expense of the action under this subsection on theaffidavit of parentage previously filed with said court. The court may orderthe responsible parents in a IV‑D establishment case to perform a jobsearch, if the responsible parent is not incapacitated. This includes IV‑Dcases in which the responsible parent is a noncustodial mother or anoncustodial father whose  affidavit of parentage has been filed with the courtor when paternity is not at issue for the child. The court may further orderthe responsible parent to participate in the work activities, as defined in 42U.S.C. § 607, as the court deems appropriate. The amount of child supportpayments so ordered shall be determined as provided in G.S. 50‑13.4(c).The prior judgment as to paternity shall be res judicata as to that issue andshall not be reconsidered by the court. (1975, c. 827, s.1; 1977, 2nd Sess., c. 1186, ss. 5, 6; 1981, c. 275, s. 8; 1989, c. 529, s. 8;1997‑433, s. 4.7; 1998‑17, s. 1; 1999‑293, s. 1; 2001‑237,s. 2.)