The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.
North Carolina Instruction to Jury in a Paternity as to the Average Period of Gestation
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How to fill out Instruction To Jury In A Paternity As To The Average Period Of Gestation?
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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.
North Carolina law presumes that if the mother is married at the conception or birth of a child, her husband is the father and as such is responsible for his child. This "marital presumption" that he is the legally responsible father is accepted as fact until it is challenged or rebutted.
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).
(d) If the action to establish paternity is brought more than three years after birth of a child or is brought after the death of the putative father, paternity shall not be established in a contested case without evidence from a blood or genetic marker test.
If the mother was married when the child was conceived and/or born, North Carolina law presumes that her husband is the child's biological father and legal father. The husband is also presumed to be the father even if the parents were separated when the child was conceived or born.
Such lawsuits may be brought in a North Carolina district court any time before the child's 18th birthday. North Carolina paternity law requires ?clear, cogent, and convincing evidence? to establish paternity. The most common method for doing so is a blood or genetic marker test.
A biological father does not have legal rights to a child if he is not listed on the birth certificate. However, if the father has established paternity through a legal process, such as by signing an acknowledgement of paternity or through a court order, he will have legal rights to the child.
