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 | 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
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Thu, 4 Apr 2019 House: Passed 1st Reading
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Fri, 26 Apr 2019 House: Reptd Fav
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Fri, 26 Apr 2019 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Fri, 26 Apr 2019 House: Reptd Fav
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Fri, 26 Apr 2019 House: Cal Pursuant Rule 36(b)
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Fri, 26 Apr 2019 House: Placed On Cal For 04/29/2019
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Mon, 29 Apr 2019 House: Passed 2nd Reading
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Mon, 29 Apr 2019 House: Passed 3rd Reading
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Tue, 30 Apr 2019 House: Regular Message Sent To Senate
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Tue, 30 Apr 2019 Senate: Regular Message Received From House
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Tue, 30 Apr 2019 Senate: Passed 1st Reading
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Tue, 30 Apr 2019 Senate: Ref To Com On Rules and Operations of the Senate
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Fri, 24 May 2019 Senate: Withdrawn From Com
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Wed, 5 Jun 2019 Senate: Reptd Fav
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Wed, 5 Jun 2019 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 11 Jun 2019 Senate: Reptd Fav
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Wed, 12 Jun 2019 Senate: Withdrawn From Cal
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Wed, 12 Jun 2019 Senate: Placed On Cal For 06/13/2019
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Thu, 13 Jun 2019 Senate: Passed 2nd Reading
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Thu, 13 Jun 2019 Senate: Passed 3rd Reading
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Thu, 13 Jun 2019 Senate: Ordered Enrolled
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Mon, 17 Jun 2019 House: Ratified
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Tue, 18 Jun 2019 House: Pres. To Gov. 6/18/2019
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Fri, 21 Jun 2019 House: Signed by Gov. 6/21/2019
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Fri, 21 Jun 2019 House: Ch. SL 2019-42
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.