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Louisiana State Paternity Laws

posted by DNA Identifiers @ 1:52 PM
Monday, July 27, 2009

louisiana

The below information is a general guide to Louisiana State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Louisiana Child Support Service

Link: Louisiana Establishing Paternity

Required Probability of Paternity for Louisiana Courts: 99.9%

Required Paternity Index: None at this time

Current Louisiana Paternity Law: RS9

§392.  Acknowledgment; requirements; content

A.  Prior to the execution of an acknowledgment of paternity, the notary shall provide in writing, and orally or by directing them to video or audio presentations, the party or parties making the acknowledgment of the following:

(1)  Either party has the right to request a genetic test to determine if the alleged father is the biological father of the child.

(2)  The alleged father has the right to consult an attorney before signing an acknowledgment of paternity.

(3)  If the alleged father does not acknowledge the child, the mother has the right to file a paternity suit to establish paternity.

(4)  After the alleged father signs an acknowledgment of paternity, he has the right to pursue visitation with the child and the right to petition for custody.

(5)  Once an acknowledgment of paternity is signed, the father may be obligated to provide support for the child.

(6)  Once an acknowledgment of paternity is signed, the child will have inheritance rights and any rights afforded children born in wedlock.

(7)(a)  A party who executed an authentic act of acknowledgment may revoke the act, without cause, before the earlier of the following:

(i)  Sixty days after the signing of the act, in a judicial hearing for the limited purpose of revoking the acknowledgment.

(ii)  A judicial hearing relating to the child, including a child support proceeding, wherein the affiant to the authentic act of acknowledgment is a party to the proceeding.

(b)  Thereafter, the acknowledgment of paternity may be voided only upon proof, by clear and convincing evidence, that such act was induced by fraud, duress, material mistake of fact, or error, or that the person who executed the authentic act of acknowledgment is not the biological father.

(c)  Except for good cause shown, the court shall not suspend any legal responsibilities or obligations, including a support obligation, of the party or parties during the pendency of the proceeding authorized in this Section.

(8)  All parties to the action have any other rights and responsibilities which may be afforded by law now or in the future.

B.  In addition to the general requirements of the Civil Code, an acknowledgment of a child born outside of marriage shall include the social security numbers of the father and mother, and, in accordance with the provisions of 42 U.S.C. 652(a)(7), shall include all minimum requirements specified by the secretary of the United States Department of Health and Human Services.  Failure to recite a party’s social security number as required herein shall not affect the validity of the declaration.

Acts 1997, No. 1243, §1; Acts 1998, 1st Ex. Sess., No. 6, §1, eff. July 1, 1998; Acts 2004, No. 26, §5; Acts 2006, No. 344, §4, eff. June 13, 2006; Acts 2006, No. 470, §1, eff. June 22, 2006.

PART I-C.  PUTATIVE FATHER REGISTRY

§400.  Putative father registry

A.  The Department of Health and Hospitals, office of preventive and public health services, shall establish a putative father registry which shall record the names and addresses of the following:

(1)  Any person adjudicated by a court of this state to be the father of the child.

(2)  Repealed by Acts 2006, No. 344, §7, eff. June 13, 2006.

(3)  Any person adjudicated by a court of another state or territory of the United States to be the father of an out of wedlock child, where a certified copy of the court order has been filed with the registry by such person or any other person.

(4)  Any person who has filed with the registry an acknowledgment by authentic act.

(5)  Repealed by Acts 2004, No. 26, §15.

(6)  Any person who has filed with the registry a judgment of filiation rendered by a court which recognizes a father as having, either formally or informally, acknowledged a child born outside of marriage and in which the father is adjudged the parent of the child.

B.  A person filing a declaration to claim paternity of a child or an acknowledgement of paternity shall include therein his current address and shall notify the registry of any change of address pursuant to procedures prescribed by rules and regulations of the Department of Health and Hospitals, office of preventive and public health services.

C.  A declaration to claim paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.

D.  The Department of Health and Hospitals, office of preventive and public health services, shall, upon request, provide the names and addresses of persons listed with the registry to any court or authorized agency, and such information shall not be divulged to any other person, except upon order of a court for good cause shown.

E.  The Department of Health and Hospitals, office of preventive and public health services, shall promulgate all rules and regulations necessary to carry out the purposes of this Part.

Acts 1989, No. 361, §1; Acts 1993, No. 634, §2, eff. June 15, 1993; Acts 2004, No. 26, §§5, 15; Acts 2006, No. 344, §§4 and 7, eff. June 13, 2006.

Link: Louisiana Codes and Laws

This information is a general guide. Research your state laws for current information or contact a family attorney.

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5 Responses to “Louisiana State Paternity Laws”

  1. Tina Pierre says:

    My step son died before his child was born. His girlfriend after a year and a half wants dna done for social security benefits, So she claims if my husband consents to dna testing can he legally make sure that the girlfriend uses the dna results only for ssi purposes and for no other legal, or trying to get support from my husband?

  2. admin says:

    Tina,

    Please contact a Family Law specialist with your question. They will be better able to help you with the laws for Louisiana. Typically Grandparents are not responsible for child support. Each situation can be different and you would be best served by contacting a legal professional.

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