NC Vital Records: Paternity Establishment

Establishing paternity identifies the legal parents of a child and determines the parents listed on the birth certificate. When a child is born to a couple that is married, North Carolina law presumes the spouse of the mother/birthing parent to be the father or second parent. The spouse is listed as a parent on the birth certificate. When the legal presumption does not apply or special circumstances exist, other processes are necessary to establish or disestablish paternity.

Affidavits of Parentage

Overview: What is an Affidavit of Parentage (AOP)?

If a couple is unmarried, an AOP is one way to establish paternity. An AOP is a voluntary admission of paternity made by the parents of a child. Upon signing an AOP, a person is declared a child's natural father and is listed on the child's birth certificate (exceptions may apply).

Why Do We Need to Sign and Submit an AOP?

Signing and submitting the AOP form to Vital Records can help establish a legal father. The legal father may be able to assert custody and time-sharing rights; he also accepts the obligation to provide support. The child may benefit from certain legal rights.

How can an AOP Be Obtained?

The most convenient time for parents to establish paternity for their child is in the hospital when the child is born. The father must be present and provide identification to have his name placed on the Affidavit of Parentage. When this document is filed with Vital Records, both parents' names are recorded on the birth certificate (exceptions may apply).

If an AOP was not signed at the hospital, parents can:

• Contact the Local Health Department to complete the AOP.*
• Contact the county Clerk of Court to complete the AOP.*
• Contact county Department of Social Services for assistance.*
• Submit an AOP to NCOVR (see below).

* The entity will submit an official copy of the AOP directly to NCOVR. If you receive an invoice from NCOVR, please follow the instructions on the invoice.

Requirements for Submitting an AOP to NCOVR

AOPs can be submitted if all of the following criteria are met.

• The AOP is signed by both parents and both signatures are notarized prior to the child turning 18.
• No father is listed on the birth certificate.
• The mother was not married within the period between conception and birth.

Exceptions to Acceptance of the AOP

AOPs cannot be accepted in the cases below:

• A father is already listed on the birth certificate.
• The mother was married within the period between conception and birth.
• The AOP was signed and notarized after the child reaches the age of 18.

For the above cases, parents need to obtain a certified court order disestablishing any other father. Contact your county Clerk of Court or Child Support Enforcement in your county's Department of Social Services (which can be located using NC Child Support Services Office Search by County) for information on obtaining a court order for this purpose.

Other Special Circumstances

There are circumstances when exceptions to the AOP process may apply. For instance, a father might sign an AOP in the hospital but is still not able to obtain a copy of their child's birth certificate with their name listed as the father.

If special circumstances apply, please contact your Local Health Department (LHD), county Clerk of Court (COC), county Department of Social Services (DSS), or our office (North Carolina Office of Vital Records, NCOVR) for support.

Process: How to Submit an AOP to NCOVR

Applicability: If the AOP was signed at the hospital and no exceptions or special circumstances prevented its submission or acceptance, then the birth certificate can be ordered using one of the normal general issuance certificate ordering options (the process below should not be applicable).

Note: Be sure to review the requirements and exceptions listed above before submitting an AOP to NCOVR.

NCOVR AOP Submission Process

1. If the parents did not complete an Affidavit of Parentage at the hospital, their Local Health Department, Clerk of Court or through Department of Social Services, they can complete an Affidavit of Parentage Form(s) (includes instructions) and submit directly to NCOVR. All four copies of the form must be completed, signed by both the mother and father, and notarized.
   1. The AOP must be signed by each parent in the presence of a notary public, Clerk of Court, or military officer authorized to administer oaths.
   2. The first two signed and notarized pages of the AOP form must be mailed to NCOVR.
   3. Each parent should receive / retain a signed and notarized "Parent's Copies" (pages 3 and 4 of the AOP form).
   • The Birth Certificate Modification Application Form must also be signed in the presence of a notary -- only one parent's signature is required for the Birth Certificate Modification Form, not both (as for the AOP form in step 1).

   Important: If the AOP was not obtained by signing at the hospital or through the Local Health Department, Clerk of Court, or Department of Social Services, then NCOVR cannot accept a photocopy of the AOP. If the AOP was signed and obtained at the hospital and/or through the Local Health Department, Clerk of Court, or Department of Social Services, NCOVR can accept a photocopy.

   Mailing Address:
   North Carolina Vital Records
   Attention: Paternity
   1903 Mail Service Center
   Raleigh, NC 27699-1900

   Additional AOP Process Guidelines

   • If we receive insufficient or incomplete paperwork, identification, or payment, your application may be returned to you and the processing time will be delayed.
   • Applicants may not submit DNA test results in lieu of an AOP to add a father to a birth certificate.
   • If you need to obtain a copy of an AOP that is already on file with NCOVR, see below.

   Associated Fees

   • NCOVR cannot accept cash, credit cards, or personal checks.
   • Payment must be in the form of a certified check or money order made payable to NC Vital Records.
   • NC General Statute 130A-93.1 requires a fee of $24.00 for routine search of files and includes one certified copy of a birth certificate.
   • NC Administrative Code 10A 41H.0704 requires a processing fee of $15.00 to process an amendment.
   • Please complete the relevant documents as detailed in previous instructions and send payment with a copy of your valid photo identification.

   Revocation

   Regardless of timeframe, a court order is required to set aside an AOP.

   One (or a combination of) the resources below can provide help in obtaining a court order.

   • Contact the Clerk of Court in your NC county of residence to determine the process for obtaining a court order.
   • Contact NCDHHS Child Support Services or your local Child Support Services office.
     • NC Child Support Services Office Search by County

     Do you need to obtain a copy of an AOP already on file with NCOVR?

     You may request a copy by completing and submitting the Birth Certificate with Affidavit of Paternity form with payment and identification.

     • Application for a Copy of a North Carolina Birth Certificate with Affidavit of Paternity
     • Solicitud de una copia de un Acta de nacimiento de Carolina del Norte Con Declaración Jurada dé Paternidad

     Additional Resources

     • DSS: Child Support Services
     • NC Local Health Departments
     • NC Clerk of Court Locations