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NC H578

Bill

Status

Passed

6/21/2019

Primary Sponsor

Rena Turner

Click for details

Origin

House of Representatives

2019-2020 Session

AI Summary

  • Removes statutory language requiring automatic surname changes to match the father's name when a child is legitimated, aligning with the 1981 North Carolina Court of Appeals decision in Jones v. McDowell.

  • Modifies G.S. 49-12.1 to require court determination that a surname change is in the best interests of the child before changing the child's surname during legitimation.

  • Amends G.S. 49-13 to allow surname changes only when parents agree and request the change or the court orders a change after determining it serves the child's best interests.

  • Updates G.S. 130A-118 to clarify that birth certificates may reflect surname changes during legitimation under G.S. 49-10 or G.S. 49-12.1 when parents agree or the court orders the change in the child's best interests.

  • Effective upon enactment and applies to all birth certificates issued on or after the effective date; ratified June 17, 2019 and approved June 21, 2019.

Legislative Description

Modify Legitimations Provisions

Last Action

Ch. SL 2019-42

6/21/2019

Committee Referrals

Rules and Operations of the Senate6/5/2019
Judiciary5/24/2019
Rules and Operations of the Senate4/30/2019
Rules, Calendar, and Operations of the House4/26/2019
Judiciary4/4/2019

Full Bill Text

No bill text available