NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

 

 

CHAPTER 21

HOUSE BILL 96

 

 

AN ACT TO AMEND CHAPTER 48 OF THE GENERAL STATUTES TO PERMIT CHANGING THE NAME OF AN ADOPTED PERSON WHO IS TWENTY-ONE (21) OR MORE YEARS OF AGE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  SHORT TITLE. This Act shall be known as the Adopted Persons' Change of Name Act of 1969.

Sec. 2.  G.S. 48-29 (a), as it appears in the 1967 Supplement to Volume 2A of the General Statutes, is hereby amended by changing the period at the end of the first sentence to a comma and by adding, after the comma, the following:

"but in the case of any child who has reached the age of twenty-one (21) years, the child's written consent to the change of name also must be filed with the clerk."

Sec. 3.  The caption of G.S. 48-36, as it appears in the 1967 Supplement to Volume 2A of the General Statutes is amended by changing the period at the end to a semicolon and by adding after the semicolon, the following:

"Change of name; Clerk's certificate and record; Notation on birth certificate; New birth certificate."

Sec. 4.  G.S. 48-36 (c) is amended by adding a comma after the designation "(b)" in the first line and by inserting, after the added comma, the following:

"(d) and (e)".

Sec. 5.  G.S. 48-36 is further amended by adding after subsection (c), a new subsection as follows:

"(d)      Except in the case of a change of name in accordance with subsection (e) of this section, at the time of or subsequent to the entry of the order of adoption, the clerk may for proper cause shown and upon written application of the adoptive parents and the person adopted, issue an order changing the name of the person adopted from his true name to the name applied for. The order shall contain the true name, the county of birth, the date of birth, the full name of the person to be adopted, his county of birth, his date of birth, the full name of his parents as shown on his birth certificate, and the name sought to be adopted. The clerk shall issue to the person adopted a certificate under his hand and seal of office, stating the change made in the name, and shall record the applications and order on the docket of special proceedings in his court. He shall forward a copy of the change of name order to the State Registrar of Vital Statistics if the person adopted was born in North Carolina. Upon receipt of the order, the State Registrar shall note the change of name specified in the order on the birth certificate of the person adopted, and shall notify the Register of Deeds of the county of birth of the person adopted."

Sec. 6.  G.S. 48-36 is further amended by adding, immediately after the new subsection (d), another new subsection as follows:

"(e)       If requested in the application for the change of name filed by the adoptive parents and the person adopted the clerk may, for good cause shown, before or after the entry of the order of adoption, decree a change of name in accordance with and subject to all the provisions of G.S. 48-29 except G.S. 48-29(d) relating to children born outside the State."

Sec. 7.  All laws and clauses of laws in conflict with this Act are repealed.

Sec. 8.  This Act shall be in effect on and after July 1, 1969.

In the General Assembly read three times and ratified, this the 24th day of February, 1969.