Short answer: Under G.S. 49-14, the paternity of a child born out of wedlock can be established by a civil action at any time before the child’s 18th birthday. Proof must be clear, cogent, and convincing. Once paternity is established, G.S. 49-15 gives the mother and father the same rights and duties for custody and support as if the child had been born to married parents.
How a paternity case works
- Filing. The action is a civil case. A copy of the child’s birth certificate must be attached to the complaint.
- Proof. Paternity must be proved by clear, cogent, and convincing evidence, a higher standard than in most civil cases.
- Genetic testing. If the case is filed more than three years after the child’s birth, or after the alleged father’s death, paternity cannot be established in a contested case without blood or genetic marker test evidence (G.S. 49-14(d)).
- Temporary support. In a IV-D child support agency case, the court must enter a temporary support order on motion once there is clear, cogent, and convincing evidence of paternity. Genetic test results showing a 97 percent or higher probability meet that standard (G.S. 49-14(f)). If paternity is not then established, the temporary support is reimbursed.
Paternity is not the same as legitimation
G.S. 49-14(a) says establishing paternity does not have the effect of legitimation. Legitimation is a separate process with its own effects. Many fathers only need paternity established to seek custody or visitation, while others pursue legitimation as well. Ask a lawyer which fits your goals.
What changes once paternity is established
| Issue | Before paternity is established | After (G.S. 49-15) |
|---|---|---|
| Custody and visitation | Paternity not yet legally established; it can be decided as part of a custody or support case | Same rights as a parent of a child born to married parents |
| Child support | Support depends on first establishing paternity | Support can be ordered and enforced the same way |
| Pregnancy and birth expenses | No paternity-based duty yet | Father becomes responsible for medical expenses incident to the pregnancy and birth |
If the alleged father has died
An action generally cannot be started after the alleged father’s death unless it was filed before death, or within the time limits in G.S. 49-14(c) tied to the administration of his estate. These deadlines are short, so act quickly.
For custody next steps, see our guides on unmarried fathers’ custody rights and child support.
Frequently asked questions
How long do you have to establish paternity in North Carolina?
Under G.S. 49-14(a), a civil action to establish paternity can be brought any time before the child’s 18th birthday. Different limits apply if the alleged father has died.
Is a DNA test required to establish paternity in NC?
Not always. But if the case is filed more than three years after the child’s birth, or after the alleged father’s death, a contested case requires blood or genetic marker test evidence under G.S. 49-14(d).
Does establishing paternity give a father custody rights?
It gives him the same custody and support rights and duties as a parent of a child born to married parents under G.S. 49-15. Custody itself is then decided based on the child’s best interest.
Is establishing paternity the same as legitimation?
No. G.S. 49-14(a) states that establishing paternity does not have the effect of legitimation.
If you are facing this situation, call Martine Law before you sign or file anything. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (919) 925-4613 or (704) 842-3411, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.