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Regular Session, 2010
HOUSE BILL NO. 558
BY REPRESENTATIVE ROSALIND JONES
CIVIL/ACTIONS: Provides for the surname of a minor
AN ACT1
To amend and reenact R.S. 40:34(B)(1)(a)(iv) and to enact R.S. 13:4751(E), relative to the2
surname of a minor; to provide for the vital records form; to provide for the contents3
of a birth certificate; to provide for the surname of a minor born outside of marriage;4
to provide for the filing of a petition for name change; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:34(B)(1)(a)(iv) is hereby amended and reenacted to read as8
follows:9
§34. Vital records forms10
* * *11
B. The forms shall be printed and supplied or provided by electronic means12
by the state registrar and the required contents are:13
(1) Contents of birth certificate. The certificate of birth shall contain, as a14
minimum, the following items:15
(a) Full name of child.16
* * *17
(iv) If the child is born outside of marriage, the surname of the child shall be18
the mother's maiden name, if the father is unknown. If the father is known, has19
acknowledged the child, and has agreed to a plan of support, the surname of the child20 HLS 10RS-885 ENGROSSED
HB NO. 558
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shall be that of the father unless the mother and father agree otherwise. If the father1
is known and if both the mother and the father agree, the surname of the child may2
be that of the father or a combination of the surname of the father and the maiden3
name of the mother. For purposes of this Item, "father" means a father who has4
acknowledged his child or who has been judicially declared the father in a filiation5
or paternity proceeding.6
* * *7
Section 2. R.S. 13:4751(E) is hereby enacted to read as follows: 8
§4751. Petition for name change; adults; minors9
* * *10
E. A biological father who has acknowledged a child and provided support11
for at least the past twelve months may petition for a change of the surname of the12
child by filing a petition setting forth the reasons for the change in the district court13
of the parish of the residence of the child.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Rosalind Jones HB No. 558
Abstract: Provides for the surname of minors.
Present law provides that if a child is born outside of marriage, his surname shall be the
mother's maiden name.
Proposed law provides that if a child is born outside of marriage, his surname shall be the
mother's maiden name if the father is unknown.
Present law also provides that if the father is known and both he and the mother agree, the
surname of the child may be the father's or a combination of the surname of the father and
the maiden name of the mother.
Proposed law retains present law and provides that if the father is known, and he has
acknowledged the child and agreed to a plan of support, the surname of the child shall be the
father's unless the mother and father agree otherwise.
Present law provides that adults and minors may petition for a name change in certain
circumstances. HLS 10RS-885 ENGROSSED
HB NO. 558
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and additionally authorizes a biological father to petition
for a change of the surname of a child he has acknowledged and supported for at least the
past 12 months.
(Amends R.S. 40:34(B)(1)(a)(iv); Adds R.S. 13:4751(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Removed the provision of proposed law regarding a father who is known, but has
not acknowledged the child or agreed to a plan of support.
2. Specified the procedure to petition for a name change.