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Regular Session, 2010
SENATE BILL NO. 322
BY SENATOR QUINN
CHILDREN. Provides requirements relative to an acknowledgment of paternity. (8/15/10)
AN ACT1
To amend and reenact R.S. 9:392(A)(introductory paragraph), (7)(a) and (b), and (B) and2
399.1(A)(introductory paragraph), (B), (C), and (D) and to enact R.S. 9:399.1(E) and3
(F), relative to paternity; to provide for acknowledgments of paternity; to provide4
terminology to include both parents; to provide for the inclusion of certain5
information; to provide for the dismissal of a paternity judgment; to provide for the6
burden of proof; to provide exceptions; to provide for genetic testings; to provide for7
the filing of tests results; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 9:392(A)(introductory paragraph), (7)(a) and (b), and (B) and10
399.1(A)(introductory paragraph), (B), (C), and (D) are hereby amended and reenacted and11
R.S. 9:399.1(E) and (F) are hereby enacted to read as follows:12
§392. Acknowledgment; requirements; content13
A. Prior to the execution of an acknowledgment of paternity, the notary shall14
provide in writing, and orally, or by which may include directing them to video or15
audio presentations, the party or parties mother and alleged father making the16
acknowledgment of the following:17 SB NO. 322
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* * *1
(7)(a) A party An alleged father who executed an authentic act of2
acknowledgment may revoke the act, without cause, before the earlier of the3
following:4
(i) Sixty days after the signing of the act, in a judicial hearing for the limited5
purpose of revoking the acknowledgment.6
(ii) A judicial hearing relating to the child, including a child support7
proceeding, wherein the affiant to alleged father who executed the authentic act of8
acknowledgment is a party to the proceeding.9
(b) Thereafter, the acknowledgment of paternity may be voided only upon10
proof, by clear and convincing evidence, that such act was induced by fraud, duress,11
material mistake of fact, or error, or that the person alleged father who executed the12
authentic act of acknowledgment is not the biological father.13
* * *14
B. In addition to the general requirements of the Civil Code, an15
acknowledgment of a child born outside of marriage shall include the social security16
numbers of the father and mother, and, in accordance with the provisions of 4217
U.S.C. 652(a)(7) and 42 U.S.C. 666(a)(5)(D), shall include all minimum18
requirements specified by the secretary of the United States Department of Health19
and Human Services. Failure to recite a party's social security number as required20
herein shall not affect the validity of the declaration.21
* * *22
§399.1. Dismissal of final order following judgment of paternity; time periods;23
procedure; effects24
A. Notwithstanding any other provision of law, a judgment establishing25
paternity may be set aside or vacated by the adjudicated father of a child, the child,26
the mother of the child, or the legal representative of any of these persons if genetic27
testing conducted in accordance with the provisions of R.S. 9:397.2 and 397.328
indicates that the adjudicated father of a child is not the biological father of the child.29 SB NO. 322
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The proceeding shall be instituted by ordinary process in a court of competent1
jurisdiction and service shall be made upon the office of family support, support2
enforcement services of the Department of Social Services, if services are being3
provided by the department. The burden of proof shall be upon the party seeking4
to set aside or vacate the judgment of paternity. The proceeding shall be brought5
within one of the following time periods:6
* * *7
B. Subsection A of this Section does not apply if the child is presumed to be8
a child of a marriage between the mother and the legal father.9
C. If an order of support is dismissed on the basis of non-paternity of the10
adjudicated father, the court shall nullify the judgment of paternity. If the court11
finds there is a substantial likelihood that the adjudicated father is not the12
biological father, it shall order genetic tests pursuant to R.S. 9:396. Nothing13
herein shall preclude the introduction of other evidence if it is not possible to14
conduct genetic testing.15
D. The test results certified under oath by an authorized representative16
of an accredited laboratory shall be filed with the court and shall be admissible17
on the issue of paternity in accordance with R.S. 9:397.3. If the test results show18
a statistical probability of paternity of ninety-nine point nine percent or greater,19
a rebuttable presumption of paternity shall be established. If the adjudicated20
father is found to be excluded by the tests, the court shall nullify the judgment21
of paternity.22
E. Except for good cause shown, the court shall not suspend, during the23
pendency of this proceeding, any legal obligations including a support obligation24
of the adjudicated father.25
D.F.(1) If a judgment of paternity is set aside, vacated, or dismissed, the26
court shall dismiss any obligation of child support.27
(1)(2) A judgment dismissing an established order of support does not affect28
any child support payment or arrearages paid, due, or owing prior to the date the29 SB NO. 322
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action to set aside or vacate the judgment of paternity was filed.1
(2)(3) The judgment dismissing an established order of support shall be2
served upon the office of family support, support enforcement services of the3
Department of Social Services, if services are being provided by the department.4
(3)(4) Neither the state of Louisiana, its officers, employees, agents,5
contractors, nor the office of family support, support enforcement services of the6
Department of Social Services shall be liable in any case to compensate any person7
for child support paid or for any other costs as a result of the judgment setting aside8
or vacating the judgment of paternity or support entered in accordance with this9
Section.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Quinn (SB 322)
Present law uses the terms "party or parties" and "affiant."
Proposed law changes the terms to "mother and alleged father" and "alleged father."
Present law required only the alleged father who executed the acknowledgment to be a party
to this action.
Proposed law changes present law to make it consistent with federal law which requires both
the mother and father to sign the acknowledgment.
Present law provides that a judgment establishing paternity may be set aside or vacated if
genetic testing indicated that the adjudicated father is not the biological father.
Proposed law provides that if the court finds there is a substantial likelihood that the
adjudicated father is not the biological father, it shall order genetic testing and if the results
show a 99.9% statistical probability of paternity, a rebuttable presumption of paternity shall
be established.
Proposed law provides that the burden of proof shall be upon the party seeking to set aside
or vacate the judgment.
Proposed law provides that the court shall not suspend any legal obligations during the
pendency of this proceeding, except for good cause shown.
Proposed law provides that if the judgment of paternity is set aside, vacated, or dismissed,
the court shall dismiss any obligation of child support.
Present law provides that present law does not apply to a child presumed to be a child of a
marriage. SB NO. 322
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Coding: Words which are struck through are deletions from existing law;
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Proposed law provides that present law does not apply to a child presumed to be a child of
a marriage between the mother and the legal father.
Effective August 15, 2010.
(Amends R.S. 9:392(A)(intro. para.), (7)(a) and (b), and (B) and 399.1(A)(intro.para.), (B),
(C), and (D); adds R.S. 9:399.1(E) and (F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill.
1. Changed from not applying to a child presumed to be a child of a marriage
between the mother and the adjudicated father to not applying to a child
presumed to be a child of a marriage between the mother and the legal father.