Establishing Paternity After the Child Turns 18
In North Dakota, the law provides for the establishment of paternity even after the child has reached the age of majority, which is 18 years old. This is governed by the North Dakota Century Code (NDCC) under section 14-20-44.
Legal Provisions
According to NDCC 14-20-44 (609), a proceeding to adjudicate the paternity of an alleged father can be initiated at any time, even after the child becomes an adult. However, this is only applicable if the child initiates the proceeding. This provision allows for the establishment of paternity beyond the age of 18, provided that the adult child is the one seeking to establish the paternity.
Implications
This provision is significant as it allows for the establishment of paternity even after the child has reached adulthood. This can have implications for inheritance rights, the right to sue for wrongful death of the alleged father, and the right to receive benefits on the father’s record, such as social security or veteran’s benefits.
Limitations
While the law allows for the establishment of paternity after the child turns 18, it is important to note that this is not an automatic process. The adult child must initiate the proceeding, and the court must find sufficient evidence to establish paternity. The court may order genetic testing to determine paternity, as per NDCC 14-20-63 (705).
Conclusion
In conclusion, under North Dakota law, paternity can be established after the child turns 18. However, the proceeding must be initiated by the adult child, and the court must find sufficient evidence to establish paternity. This provision is significant as it allows for the establishment of paternity even after the child has reached adulthood, which can have important legal implications.