AN ACT TO REMOVE THE STATUTORY LANGUAGE IN REGARDS TO LEGITIMATION THAT IS IN CONFLICT WITH THE NORTH CAROLINA COURT OF APPEALS DECISION IN JONES V. MCDOWELL (1981). Enacted June 21, 2019. Effective June 21, 2019.
MODIFY LEGITIMATIONS PROVISIONS.
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View NCGA Bill Details(link is external) | 2019-2020 Session |
AN ACT TO REMOVE THE STATUTORY LANGUAGE IN REGARDS TO LEGITIMATION THAT IS IN CONFLICT WITH THE NORTH CAROLINA COURT OF APPEALS DECISION IN JONES V. MCDOWELL (1981).Intro. by R. Turner.
Bill History:
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Wed, 3 Apr 2019 House: Filed(link is external)
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Thu, 4 Apr 2019 House: Passed 1st Reading(link is external)
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Fri, 26 Apr 2019 House: Reptd Fav(link is external)
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Fri, 26 Apr 2019 House: Reptd Fav(link is external)
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Fri, 26 Apr 2019 House: Cal Pursuant Rule 36(b)(link is external)
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Fri, 26 Apr 2019 House: Placed On Cal For 04/29/2019(link is external)
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Mon, 29 Apr 2019 House: Passed 2nd Reading(link is external)
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Mon, 29 Apr 2019 House: Passed 3rd Reading(link is external)
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Tue, 30 Apr 2019 House: Regular Message Sent To Senate(link is external)
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Tue, 30 Apr 2019 Senate: Regular Message Received From House(link is external)
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Tue, 30 Apr 2019 Senate: Passed 1st Reading(link is external)
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Fri, 24 May 2019 Senate: Withdrawn From Com(link is external)
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Wed, 5 Jun 2019 Senate: Reptd Fav(link is external)
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Tue, 11 Jun 2019 Senate: Reptd Fav(link is external)
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Wed, 12 Jun 2019 Senate: Withdrawn From Cal(link is external)
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Wed, 12 Jun 2019 Senate: Placed On Cal For 06/13/2019(link is external)
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Thu, 13 Jun 2019 Senate: Passed 2nd Reading(link is external)
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Thu, 13 Jun 2019 Senate: Passed 3rd Reading(link is external)
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Thu, 13 Jun 2019 Senate: Ordered Enrolled(link is external)
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Mon, 17 Jun 2019 House: Ratified(link is external)
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Tue, 18 Jun 2019 House: Pres. To Gov. 6/18/2019(link is external)
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Fri, 21 Jun 2019 House: Signed by Gov. 6/21/2019(link is external)
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Fri, 21 Jun 2019 House: Ch. SL 2019-42(link is external)
Bill Summaries:
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Bill H 578 (2019-2020)Summary date: Jun 21 2019 - View Summary
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Bill H 578 (2019-2020)Summary date: Apr 3 2019 - View Summary
Amends multiple statutes regarding legitimation of children to conform to holding in North Carolina Court of Appeals decision Jones v. McDowell (1981).
Amends GS 49-12.1 (legitimation when mother married) to require a clerk of superior court to determine that changing a child's surname is in the child's best interests before allowing the change.
Amends GS 49-13 (new birth certificate on legitimation) to remove language that after legitimation, the child's surname will be changed to the father's surname. Requires the child's surname to remain the same unless the parents agree to request that the surname be changed pursuant to GS 130A-118, or if the court orders a change in surname as being in the best interests of the child, depending on which statute controlled the legitimation.
Amends GS 130A-118 (amendment of birth and death certificates) to add GS 49-12.1 to the types of legitimation under which a new birth certification may be issued to reflect a change in surname.
Effective upon becoming law and applies to birth certificates issued on or after that date.