Having a child outside of marriage is more common than ever, and the numbers prove it. Back in 1980, only about 18% of women giving birth in the U.S. were unmarried. By 2023, that number had jumped to 40%, according to Statista.
As this trend continues, more parents are facing an important question: How do you legally establish fatherhood when you’re not married?
One of the most direct ways to do this in North Carolina is by signing an affidavit of parentage. This simple form gives unmarried fathers legal recognition and, along with it, important rights and responsibilities. Just because the form is simple doesn’t mean the decision is.
While the document itself is only a few pages long, its effects can last a lifetime. That’s why both parents should take the time to fully understand it before signing.
What Is an Affidavit of Parentage?
An affidavit of parentage is a legal document that unmarried parents in North Carolina can sign to establish the child’s legal father. It’s a voluntary form that confirms paternity without requiring a court order.
Once signed and properly filed, the affidavit has the same effect as a court order of paternity. It gives the father legal rights, such as the ability to seek custody or visitation, and responsibilities, including child support. The child also gains legal rights, including the ability to inherit from the father or receive benefits through him.
For families who agree on parentage, it’s often the quickest and most efficient way to make things official.
How This Process Actually Works
In most cases, the hospital offers the affidavit shortly after the child is born. A staff member may explain the form and walk the parents through it. Both of them must sign in front of a notary for the document to be valid and binding.
The form includes personal information for both parents, details about the child, and a declaration of paternity. It also includes statements confirming that both parties understand what they’re signing and that no one is forcing them to do so. The completed form is sent to North Carolina Vital Records, which updates the child’s birth certificate to include the father’s name.
If the form isn’t signed at the hospital, parents can complete it later through a local Child Support Services office, the county register of deeds, or an attorney, as long as it’s notarized and filed correctly.
Can an Affidavit of Parentage Be Undone?
In North Carolina, either parent can cancel an affidavit of parentage within 60 days of signing it. To do this, the parent must file a rescission form with Vital Records. You don’t need to explain anything; just submit the proper paperwork by the deadline.
Once those 60 days pass, it becomes more complicated to cancel or challenge the affidavit. At that point, a parent must go through a court process and will only be granted under limited conditions, such as fraud, duress, or a serious mistake of fact.
In other words, once the rescission window closes, the affidavit is usually treated as final. That’s why it’s so important to think carefully before signing.
What Makes Someone a Legal Father in North Carolina?
In North Carolina, legal fatherhood depends on the parents’ marital status at the time of the child’s birth.
If the mother is married when the child is born, the law presumes that her husband is the legal and biological father. The hospital typically lists both parents on the birth certificate, and the law treats that as sufficient to establish paternity.
If the parents aren’t married, the law doesn’t automatically recognize the biological father. In that case, the father, often called the putative father, must take legal steps to establish paternity.
If both parents agree on who the father is, they can sign an affidavit of parentage. That’s the simplest and fastest way to confirm paternity without going to court.
However, when the parents disagree or the father refuses to acknowledge the child, the mother or the state may need to take legal action.
What Happens When Parents Can’t Agree on Paternity?
Here are the most common ways to establish paternity when an affidavit isn’t an option:
- Paternity lawsuits allow a parent to file a civil complaint asking the court to determine paternity. The judge may order DNA testing and issue a ruling based on the results.
- Child support enforcement cases require the state to establish paternity before it can issue a support order. If a mother applies for child support, she must either prove paternity or ask the state to pursue it.
- Legitimation petitions allow a biological father to formally recognize the child and request legal parental rights through the court.
- Court orders can establish paternity when a putative father refuses to cooperate. In these cases, the mother can ask the court to issue a legal determination of paternity.
In most cases, the parent must start this process before the child turns 18.
When Legal Advice Becomes Necessary
Sometimes, signing an affidavit of parentage raises more questions than answers. You should speak with a family law attorney if:
- You’re unsure whether you’re the biological father
- You feel pressured to sign the affidavit
- You want to challenge a previously signed affidavit
- You need to go through the courts to establish paternity
- The other parent isn’t cooperating, and you want legal rights to your child
An attorney can help you protect your rights, understand your options, and make informed decisions, especially when the stakes are this high.
Get It Right from the Start
Establishing paternity is more than a formality. It’s a legal commitment with serious consequences. If you’re thinking about signing an affidavit of parentage, make sure you understand exactly what it means for you and your child.
At Kurtz & Blum, we’ve been helping parents across North Carolina navigate paternity and custody questions for over two decades. Whether you’re starting the process, facing a disagreement, or unsure what to do next, we’re ready to help.
Call us today or reach out online to schedule a confidential consultation.
