AN ACT TO MODERNIZE THE WAYS CHILDREN BORN OUT OF WEDLOCK ARE REFERENCED IN THE GENERAL STATUTES BY REMOVING REFERENCES TO "ILLEGITIMATE" WHEN USED IN CONNECTION WITH AN INDIVIDUAL AND TO "BASTARDY", TO ALLOW A CHILD BORN OUT OF WEDLOCK TO INHERIT FROM A PERSON WHO DIED PRIOR TO OR WITHIN ONE YEAR AFTER THE BIRTH OF THAT CHILD IF PATERNITY CAN BE ESTABLISHED BY DNA TESTING, AND TO MAKE OTHER TECHNICAL CORRECTIONS TO THE STATUTES BEING AMENDED. Enacted June 26, 2013. Effective June 26, 2013. Sections 9 and 13 apply to estates of persons dying on or after that date.
Summary date: Jul 1 2013 - View summary
Summary date: Jun 10 2013 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 29-19 toadd that for purposes of intestate succession, a child born out of wedlock is entitled to take by, through, and from a personwho (1) died prior to the birth of the child, or (2) within one year after the birth of the child, and (3) who can be determined to have been the child's father via DNA testing. Makes a conforming change to GS 30-17 regarding children born out of wedlock entitled toreceive anallowance for one year following the death of theparent,in addition to the child's share ofthe deceased parent's estate. Effective when the act becomes law and applies to the estates of persons dying on or after that date.
Amends the act's long title.
Summary date: May 9 2013 - View summary
House committee substitute to the 1st edition deletes all provisions of the 1st edition and replaces it with the following.
Amends language throughout statutes in the following GS Chapters to replaces the terms illegitimate and bastardy with born out of wedlock: GS Chapter 6, 8, 14, 15, 29, 30, 31, 49, 50, 97, 130A, and 143. Makes other technical and clarifying changes. Updates the act's titles.
Summary date: Mar 5 2013 - View summary
Amends GS 7A-27(a) as the title indicates (was, right of direct appeal to the NC Supreme Court required a first degree murder conviction and a death sentence from Superior Court judgment). Effective October 1, 2013, and applies to appeals filed in first degree murder cases on or after that date.