According to the Centers for Disease Control and Prevention, July through October is the most common time for people to give birth. August and September are the top two months for childbirth in the US. What happens when this new bundle of joy arrives and the parents are not married? What are the rights of each parent and how do they exercise them?
In North Carolina, both parents have equal rights to a child. Both parents also have equal responsibility in financially providing for a child. These rights come with being acknowledged as a legal parent in the eyes of the law. For married couples, this recognition is automatic. The spouses are presumed to be the biological parents, and therefore legal parents to the child – bringing with it the ability to exercise those rights and responsibilities immediately. For families that have a child and the parents are not married, it is a little different. The biological mother is able to exercise these rights and responsibilities from birth. For the biological father, establishing paternity may be required before exercising these rights and being held accountable for any financial responsibility.
One way to establish paternity is to voluntarily acknowledge it. The easiest time to do this is at the hospital during or immediately after the birth. Both parties will complete an Affidavit of Parentage, it will be filed with Vital Records, and then both parents’ names are placed on the child’s birth certificate. If this was not done at the hospital, it is still possible to complete the Affidavit in the future and have an amended birth certificate produced. If this form is not completed within three years of the child’s birth, a DNA test or further evidence may be required to establish Father’s paternity.
Another way to establish paternity is by completing a DNA test. If not voluntarily completed, a party can be ordered to perform a DNA test to determine paternity by a Court.
Finally, if two people were not married at the date of conception, they can get married to establish paternity at the child’s birth.
Once paternity has been established, both parties have equal rights to have parenting time with the child and equal duties to financially provide for the child from the time of birth.
Marriage isn’t for everyone and it isn’t required to bring children into this world. If you or someone you know/care about shares a child with someone they are not married to, it is important to speak with an attorney to make sure you and your child’s rights to a full relationship are protected – regardless of what may come in the future.
If you or someone you know would like to learn more about establishing Paternity, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina and South Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
