HLS 12RS-1385 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 755
BY REPRESENTATIVE HUNTER
CIVIL/PROCEDURE: Removes peremptive periods associated with disavowal and
establishment of paternity
AN ACT1
To amend and reenact Civil Code Article 186 and to repeal Civil Code Article 193, relative2
to paternity; to provide relative to peremptive periods regarding disavowal and3
paternity; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Civil Code Article 186 is hereby amended and reenacted to read as6
follows: 7
Art. 186. Presumption if child is born after divorce or after death of husband; effect8
of disavowal9
If a child is born within three hundred days from the day of the termination10
of a marriage and his mother has married again before his birth, the first husband is11
presumed to be the father.12
If the first husband, or his successor, obtains a judgment of disavowal of13
paternity of the child, the second husband is presumed to be the father. The second14
husband, or his successor, may disavow paternity if he institutes a disavowal action15
within a peremptive period of one year from the day that the judgment of disavowal16
obtained by the first husband is final and definitive.17
Section 2. Civil Code Article 193 is hereby repealed in its entirety.18 HLS 12RS-1385 ORIGINAL
HB NO. 755
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Hunter HB No. 755
Abstract: Provides for presumption of paternity and deletes the peremptive periods within
which a husband may disavow and a mother may contest paternity.
Present law provides for a presumption of paternity for a child born after a divorce or death
of the husband. Provides for disavowal of paternity and a peremptive period of one year
within which a husband may disavow.
Proposed law retains present law but deletes the peremptive period.
Present law provides a peremptive period of 180 days within which a mother may contest
paternity.
Proposed law repeals present law.
(Amends C.C. Art. 186; Repeals C.C. Art. 193)