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Chambers v. Chambers

Filed: October 16, 1979.

ANNETTE LOFTIN CHAMBERS
v.
SAMUEL C. CHAMBERS



Appeal by defendant from Jones (Arnold O.), Judge. Judgment entered 6 December 1978 in District Court, Lenoir County. Heard in the Court of Appeals 26 September 1979.

Wells, Judge. Judges Arnold and Webb concur.

Wells

The principal issue before us for decision in this case is to be found in the following conclusion of law made by Judge Jones:

That by virtue of the marriage of plaintiff and defendant, the infant child Terrica Laverne Chambers, became legitimate pursuant to NC GS 49-12 and the defendant therefore became liable for her support.

G.S. 49-12 reads as follows:

Legitimation by subsequent marriage. -- When the mother of any child born out of wedlock and the reputed father of such child shall intermarry or shall have intermarried at any time after the birth of such child, the child shall, in all respects after such intermarriage be deemed and held to be legitimate . . . .

The evidence before Judge Jones shows that the plaintiff was the mother of the infant child, Terrica Laverne Chambers, and that child was born on 20 October 1974 prior to the marriage of plaintiff and defendant on 19 April 1975; that following the marriage of plaintiff and defendant, defendant accepted the infant child as his own and held himself out generally to be the father of said child, and that in October 1975 defendant signed a request for a new certificate of birth for said child in which he

acknowledged that he was the child's natural father. Based on that request, a new birth certificate was issued showing the defendant to be the father of Terrica Laverne Chambers. The evidence also showed that the infant child had always known the defendant to be her father and had always called him "Daddy".

G.S. 49-13 reads:

New birth certificate on legitimation. -- A certified copy of the order of legitimation when issued under the provisions of G.S. 49-10 shall be sent by the clerk of the superior court under his official seal to the State Registrar of Vital Statistics who shall then make the new birth certificate bearing the full name of the father, and change the surname of the child so that it will be the same as the surname of the father.

When a child is legitimated under the provisions of G.S. 49-12, the State Registrar of Vital Statistics shall make a new birth certificate bearing the full name of the father upon presentation of a certified copy of the certificate of marriage of the father and the mother and change the surname of the child so that it will be the same as the surname of the father.

In Carter v. Carter, 232 N.C. 614, 616, 61 S.E.2d 711, 713 (1950), our Supreme Court held that G.S. 49-12 and G.S. 49-13 regulate the family circle and define the rights and responsibilities of members of the circle, and that these two ...


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