North Carolina Sen. Sawrey’s paternity establishment bill passes House and Senate

Passed bill sponsored by State Sen. Benton G. Sawrey seeks to revise how paternity is established for children born out of wedlock in North Carolina, aiming to clarify inheritance and birth certificate procedures, according to the North Carolina State Senate.

In the House, 12 Democrats and 63 Republicans voted in favor of the bill, while 34 Democrats opposed it.

Meanwhile, in the Senate, 15 Democrats and 27 Republicans voted in favor of the bill.

Sawrey filed the bill in the North Carolina Senate on March 25 during the 2025 regular session.

The legislation, known as SB 488, was passed on June 25 during the 2025 regular session.

According to the North Carolina General Assembly site, the bill’s official text was formally listed with the short title: “Paternity of Children Born Out of Wedlock.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill aims to revise the process of establishing paternity for children born out of wedlock in North Carolina. It specifies that under intestate succession laws, a child can inherit from a father who has either been legally adjudged as the father or has acknowledged paternity in a notarized document filed with the court. Additionally, if both unmarried parents complete an affidavit acknowledging paternity, the father’s name will be entered on the birth certificate. The affidavit must contain sworn statements from both parents, parental rights and responsibilities, and their social security numbers. The bill mandates the creation of a standard affidavit form accompanied by an informational sheet. Upon executing this affidavit, the father can be listed on the birth certificate, and the surname must be agreed upon by both parents or default to the mother’s surname if no agreement is reached. The bill becomes effective upon enactment and applies to estates of decedents opened thereafter.

The bill was sponsored only by Sen. Benton G. Sawrey (Republican-10th District).

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Sawrey graduated from North Carolina State University in 2009 with a BA and again in 2013 from University of South Carolina School of Law with a JD.

Sawrey, a Republican, was elected to the North Carolina State Senate in 2023 to represent the state’s 10th Senate district, replacing previous state senator Brent Jackson.

Under North Carolina law, bills must receive three readings in each chamber. According to the UNC School of Government, once a bill “passes its constitutionally required second reading and moves to its constitutionally required third reading,” additional debate can occur, but the final stage is often treated as a formality. Unless a legislator requests a roll-call, the third reading may be approved by voice vote or unanimous consent without a separate recorded tally.