§ 49-12.1. Legitimation when mother married.
§49‑12.1. Legitimation when mother married.
(a) The putative fatherof a child born to a mother who is married to another man may file a specialproceeding to legitimate the child. The procedures shall be the same as thosespecified by G.S. 49‑10, except that the spouse of the mother of thechild shall be a necessary party to the proceeding and shall be properlyserved. A guardian ad litem shall be appointed to represent the child if thechild is a minor.
(b) The presumption oflegitimacy can be overcome by clear and convincing evidence.
(c) The parties mayenter a consent order with the approval of the clerk of superior court. Theorder entered by the clerk shall find the facts and declare the proper personthe father of the child and may change the surname of the child.
(d) The effect oflegitimation under this section shall be the same as provided by G.S. 49‑11.
(e) A certified copy ofthe order of legitimation under this section shall be sent by the clerk ofsuperior court under his official seal to the State Registrar of VitalStatistics who shall make a new birth certificate bearing the full name of thefather of the child and, if ordered by the clerk, changing the surname of thechild. (1991, c. 667, s. 2; 1991 (Reg. Sess., 1992), c. 1030,s. 15; 1997‑433, s. 4.9; 1998‑17, s. 1.)