49-4. When prosecution may be commenced.
The prosecution of the reputed father of a child born out of wedlock may be instituted under this Chapter within any of the following periods, and not thereafter:
(1) Three years next after the birth of the child; or
(2) Where the paternity of the child has been judicially determined within three years next after its birth, at any time before the child attains the age of 18 years; or
(3) Where the reputed father has acknowledged paternity of the child by payments for the support thereof within three years next after the birth of the child, three years from the date of the last payment whether the last payment was made within three years of the birth of the child or thereafter: Provided, the action is instituted before the child attains the age of 18 years.
The prosecution of the mother of a child born out of wedlock may be instituted under this Chapter at any time before the child attains the age of 18 years. (1933, c. 228, s. 3; 1939, c. 217, s. 3; 1945, c. 1053; 1951, c. 154, s. 2; 2013-198, s. 18.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 49 - Children Born Out of Wedlock
Article 1 - Support of Children Born Out of Wedlock.
§ 49-2 - Nonsupport of child born out of wedlock by parents made misdemeanor.
§ 49-3 - Place of birth of child no consideration.
§ 49-4 - When prosecution may be commenced.
§ 49-5 - Prosecution; death of mother no bar; determination of fatherhood.
§ 49-6 - Mother not excused on ground of self-incrimination; not subject to penalty.
§ 49-8 - Power of court to modify orders, suspend sentence, etc.