Can I request a paternity test even if the other parent signed the birth certificate? – North Carolina

Short Answer

Yes. In North Carolina, a parent (or an alleged father) can ask the court to order genetic testing even if someone signed paperwork that led to a father being listed on the birth certificate. The key issue is whether paternity has already been legally established through an affidavit of parentage or a court order, because different rules and deadlines apply depending on how paternity was established.

Understanding the Problem

In North Carolina family law, the practical question is: can a parent or alleged father still ask for genetic testing when another parent has already signed the birth certificate paperwork and a father’s name appears on the birth certificate? The decision point usually turns on whether paternity is only being questioned informally, or whether there is already a legal determination of paternity through a signed parentage affidavit or a court order, because that determines what must be filed and what deadlines may apply.

Apply the Law

North Carolina treats genetic testing as a court-driven process in paternity-related cases. A birth certificate can be strong evidence, but it does not always end the inquiry. If there is an active civil paternity case, the court generally must order the mother, child, and alleged father to submit to genetic testing when a party properly requests it. If paternity was already established by an affidavit of parentage or a prior paternity order, a court can still order testing in certain circumstances, but the person challenging paternity usually must meet additional requirements (and act quickly in some situations). Paternity cases and related testing issues are typically handled in District Court.

Key Requirements

Identify how paternity was “established”: The legal path depends on whether the father is listed on the birth certificate because of a signed affidavit of parentage (often signed at the hospital) versus a prior court order.
Use a proper court filing to request testing: Genetic testing typically comes from a motion in an existing case or a paternity complaint/motion that puts parentage in issue; informal requests outside a case usually do not compel testing.
Watch the challenge windows and grounds: If an affidavit of parentage was signed, a rescission window exists early on. After that window closes, setting it aside generally requires proof of a recognized reason (such as fraud, duress, mutual mistake, or excusable neglect) plus genetic test results showing nonpaternity.

What the Statutes Say

N.C. Gen. Stat. § 8-50.1 (Genetic testing in civil parentage cases) – In a civil case where parentage is at issue, the court must order genetic testing when a party makes a motion; the statute also explains how test results are treated in court.
N.C. Gen. Stat. § 110-132 (Affidavit of parentage; rescission and set-aside) – A signed parentage affidavit can function like a paternity judgment for child support purposes, allows rescission within certain limits, and allows a later set-aside only under specific grounds plus genetic proof.
N.C. Gen. Stat. § 49-14 (Civil paternity action; setting aside paternity orders) – Allows a civil action to establish paternity and, in limited situations, permits setting aside a paternity order when specific grounds and genetic results are shown.

Analysis

Apply the Rule to the Facts: When the only known fact is that the other parent “signed the birth certificate,” the next legal question is what that signature actually was (for example, a voluntary affidavit of parentage used to add a father’s name). If paternity has not yet been decided by a court and there is no binding affidavit-based determination, a party can typically start a paternity case and request court-ordered genetic testing. If paternity has already been established through an affidavit of parentage or a prior court order, genetic testing may still be available, but the request often must be packaged as a rescission (if still timely) or as a motion to set aside based on recognized grounds.

Process & Timing

Who files: Usually a parent or an alleged father. Where: District Court in the county where the case is filed (filed with the Clerk of Superior Court for District Court matters). What: A paternity complaint or motion (or a motion to rescind/set aside, depending on what already exists). When: If challenging a signed affidavit of parentage, the rescission process must be started within 60 days of signing (or earlier if a paternity/support order is entered first).
Genetic testing request: In a civil case where parentage is in dispute, a party can file a motion asking the judge to order testing. The court order will direct the mother, child, and alleged father to test and will address who pays the upfront cost (often the requesting party).
Outcome document: If the case is about establishing paternity, the result is a paternity judgment/order. If the case is about undoing an existing legal determination, the result may be an order rescinding or setting aside paternity (if the legal grounds and genetic results support it), which can then be used to correct vital records.

Exceptions & Pitfalls

Signed affidavit vs. “just a birth certificate”: A father being listed on a birth certificate often traces back to an affidavit of parentage; that affidavit can carry major legal consequences and can limit later challenges unless strict requirements are met.
After the rescission window, extra proof is usually required: After 60 days, setting aside an affidavit of parentage typically requires alleging and proving a recognized ground (such as fraud, duress, mutual mistake, or excusable neglect) and then obtaining genetic testing showing the listed father is not the biological father.
Service and paperwork mistakes: Rescission and set-aside requests involve formal filing and proper service on the other parties (and sometimes the child support enforcement agency). Missing service steps can delay the case or lead to dismissal.

Conclusion

North Carolina law allows a party to ask the court for genetic testing even if a father’s name is already on the birth certificate. The most important issue is how paternity was legally established—through a parentage affidavit, a prior paternity order, or not at all—because that controls what must be filed and what must be proven. When an affidavit of parentage is involved, a rescission request generally must be filed within 60 days. The next step is to file the appropriate paternity or set-aside motion in District Court.

Talk to a Family Law Attorney

If a paternity test issue has come up after a birth certificate was signed, our firm has experienced attorneys who can help explain which procedure applies, what must be filed, and what timelines matter. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.