NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 619

HOUSE BILL 512

 

 

AN ACT TO AMEND CHAPTER 48 OF THE GENERAL STATUTES TO ADD CERTAIN PROVISIONS RELATING TO THE ADOPTION OF A CHILD BY HIS GRANDPARENTS AND RELATING TO THE ADOPTION OF AN OUT-OF-WEDLOCK CHILD BY HIS PUTATIVE FATHER.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 48-4, as it appears in the 1966 Replacement Volume 2A of the General Statutes, is hereby amended by deleting the period and the capitalized word "In" in line 4 of subsection (c) thereof, and inserting, in the place of the period, words and punctuation as follows:

"or for the adoption of a child who is by blood the grandchild of one of the petitioners, or unless, in the case of a child born out of wedlock, the petitioners file an affidavit with the court as described in subsection (d). In cases where the petition is for the adoption of a child who is by blood the grandchild of one of the petitioners and in the case of a child born out of wedlock and where the petitioners file an affidavit with the court as described in subsection (d) and in".

Sec. 2.  G.S. 48-4 (c) is further amended by adding at the end thereof, the following:

"The provisions of this subsection concerning the adoption of a grandchild shall apply in the case of any petition filed on or after January 1, 1967."

Sec. 3.  G.S. 48-4 is further amended by adding a new subsection, immediately following subsection (c), to be designated subsection (d) and to read as follows:

"(d)      In the case of a child born out of wedlock, if the putative father of the child or the putative father and his spouse are petitioners seeking to adopt the child, and the petitioners shall state in an affidavit filed with the court that the male petitioner is the father of the child or that he is believed by the petitioners to be the father of the child, and that the child was born out of wedlock, and the petitioners must be in fact residing in North Carolina, or on a federal territory within the boundaries of North Carolina, at the time the petition is filed."

Sec. 4.  G.S. 48-21 (c) as it appears in the 1966 Replacement Volume 2A of the General Statutes, is hereby amended by inserting in line 3 thereof, immediately after the word "adoption" and immediately before the word "when" the following:

"when one of the petitioners is the putative father of the child and the petitioners file with the court the affidavit described in G.S. 48-4 (d) or".

Sec. 5.  G.S. 48-23 (2), as it appears in the 1966 Replacement Volume 2A of the General Statutes, is hereby amended by adding at the end thereof the following:

"This Section shall not affect the duties, obligations, and rights of a putative father who has adopted his own child."

Sec. 6.  G.S. 48-24 (b), as it appears in the 1966 Replacement Volume 2A of the General Statutes, is hereby amended by inserting in line 1 thereof, immediately after the first comma, the following:

"any affidavit filed in accordance with G.S. 48-4 (d),".

Sec. 7.  G.S. 48-24 (b) is further amended by inserting in the third line of subsection (1) thereof, immediately after the comma, the following:

"any affidavit filed in accordance with G.S. 48-4 (d),".

Sec. 8.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 9.  This Act shall be effective on and after July 1, 1967.

In the General Assembly read three times and ratified, this the 30th day of May, 1967.