Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 322
BY SENATOR QUINN
AN ACT1
To amend and reenact R.S. 9:392(A)(introductory paragraph), (7)(a) and (b), and (B) and2
399.1, relative to paternity; to provide for acknowledgments of paternity; to provide3
terminology to include both parents; to provide for the inclusion of certain4
information; to provide for the dismissal of a paternity judgment; to provide for the5
burden of proof; to provide exceptions; to provide for genetic testings; to provide for6
the filing of tests results; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 9:392(A)(introductory paragraph), (7)(a) and (b), and (B) and 9
399.1 are hereby amended and reenacted to read as follows:10
§392. Acknowledgment; requirements; content11
A. Prior to the execution of an acknowledgment of paternity, the notary shall12
provide apprise in writing, and orally, or by which may include directing them to13
video or audio presentations, the party or parties mother and alleged father making14
the acknowledgment of the following:15
* * *16
(7)(a) A party An alleged father who executed an authentic act of17
acknowledgment may revoke the act, without cause, before the earlier of the18
following:19
(i) Sixty days after the signing of the act, in a judicial hearing for the limited20
purpose of revoking the acknowledgment.21
(ii) A judicial hearing relating to the child, including a child support22
proceeding, wherein the affiant to alleged father who executed the authentic act of23
acknowledgment is a party to the proceeding.24
(b) Thereafter, the acknowledgment of paternity may be voided only upon25
proof, by clear and convincing evidence, that such act was induced by fraud, duress,26
material mistake of fact, or error, or that the person alleged father who executed the27
ACT No. 173 SB NO. 322 ENROLLED
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
authentic act of acknowledgment is not the biological father.1
* * *2
B. In addition to the general requirements of the Civil Code, an3
acknowledgment of a child born outside of marriage shall include the social security4
numbers of the father and mother, and, in accordance with the provisions of 425
U.S.C. 652(a)(7) and 42 U.S.C. 666(a)(5)(D), shall include all minimum6
requirements specified by the secretary of the United States Department of Health7
and Human Services. Failure to recite a party's social security number as required8
herein shall not affect the validity of the declaration.9
* * *10
§399.1. Dismissal of final order following judgment of paternity; time periods;11
procedure; effects12
A. Notwithstanding any other provision of law, a judgment establishing13
paternity may be set aside or vacated by the adjudicated father of a child, the child,14
the mother of the child, or the legal representative of any of these persons if genetic15
testing conducted in accordance with the provisions of R.S. 9:397.2 and 397.316
indicates that the adjudicated father of a child is not the biological father of the child.17
The proceeding shall be instituted by ordinary process in a court of competent18
jurisdiction and service shall be made upon the office of family support, support19
enforcement services of the Department of Social Services, if services are being20
provided by the department. The burden of proof shall be upon the party seeking21
to set aside or vacate the judgment of paternity. The proceeding shall be brought22
within one of the following time periods:23
(1) Within a two-year period commencing with the date on which the24
adjudicated father knew or should have known of a judgment that established him25
as the father of the child or commencing with the date the adjudicated father knew26
or should have known of the existence of an action to adjudicate the issue of27
paternity, whichever is first, except as provided in Paragraph (2) of this Subsection.28
(2) In the case of any adjudicated father who is the biological father as a29
result of a default judgment as of the effective date of this Section, within a two-year30 SB NO. 322 ENROLLED
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
period commencing with the enactment of this Section.1
B. Subsection A of this Section does not apply if the child is presumed to be2
a child of a marriage between the mother and the legal father.3
C. If an order of support is dismissed on the basis of non-paternity of the4
adjudicated father, the court shall nullify the judgment of paternity. If the court5
finds there is a substantial likelihood that the adjudicated father is not the6
biological father, it shall order genetic tests pursuant to R.S. 9:396. Nothing7
herein shall preclude the introduction of other evidence if it is not possible to8
conduct genetic testing.9
D. The test results certified under oath by an authorized representative10
of an accredited laboratory shall be filed with the court and shall be admissible11
on the issue of paternity in accordance with R.S. 9:397.3. If the test results show12
a statistical probability of paternity of ninety-nine point nine percent or greater,13
a rebuttable presumption of paternity shall be established. If the adjudicated14
father is found to be excluded by the tests, the court shall nullify the judgment15
of paternity.16
E. Except for good cause shown, the court shall not suspend, during the17
pendency of this proceeding, any legal obligations including a support obligation18
of the adjudicated father.19
D.F.(1) If a judgment of paternity is set aside, vacated, or dismissed, the20
court shall dismiss any obligation of child support.21
(1)(2) A judgment dismissing an established order of support does not affect22
any child support payment or arrearages paid, due, or owing prior to the date the23
action to set aside or vacate the judgment of paternity was filed.24
(2)(3) The judgment dismissing an established order of support shall be25
served upon the office of family support, support enforcement services of the26
Department of Social Services, if services are being provided by the department.27
(3)(4) Neither the state of Louisiana, its officers, employees, agents,28
contractors, nor the office of family support, support enforcement services of the29
Department of Social Services shall be liable in any case to compensate any person30 SB NO. 322 ENROLLED
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
for child support paid or for any other costs as a result of the judgment setting aside1
or vacating the judgment of paternity or support entered in accordance with this2
Section.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: