In the Matter of Legitimation of Locklear by Jones

FRYE, Justice.

The issue to be decided in this case is whether the clerks of superior court have authority, pursuant to G.S. 49-10, to enter an order legitimating a minor child of a man who alleges that he is the child’s natural father, if the child is presumed to be legitimate because he was born to his mother while she was lawfully married to another man. Our answer is yes, with the proviso that the issue of paternity must be submitted to and decided by a jury after the child and the husband have been properly made parties to the proceeding.

A petition for legitimation was filed on 18 January…