Bill Summary for H 578 (2019-2020)

Summary date: 

Apr 3 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 578 (Public) Filed Wednesday, April 3, 2019
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.

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Bill 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.

 

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