SLS 12RS-244 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 90
BY SENATOR RISER
CHILDREN. Provides relative to legitimation of a child who has reached the age of
majority. (8/1/12)
AN ACT1
To amend and reenact R.S. 40:46(A), relative to legitimation; to provide for legitimation by2
a major child and the biological parents; to provide for specific information required;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:46(A) is hereby amended and reenacted to read as follows: 6
ยง46. Legitimation7
A. If any child born in this state was legitimated by the subsequent marriage8
of its parents, the state registrar, upon receipt of a copy of the marriage certificate of9
the parents together with a notarized statement of the husband acknowledging the10
child's paternity, shall prepare a new certificate of birth in the new name of the child11
wherein the child's surname shall be that of his father or if both the father and mother12
agree, the surname may be the maiden name of the mother or a combination of the13
surname of the husband and the maiden name of the mother. The biological parents14
of a child who has reached the age of majority may legitimize the child by a15
notarized statement signed by the child and both biological parents16
acknowledging the child's paternity and attaching DNA results confirming the17 SB NO. 90
SLS 12RS-244 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
biological father's paternity. Upon receipt of this notarized statement, the state1
registrar shall prepare a new certificate of birth in the new name of the child.2
The child's surname may be that of his father or, if both the father and mother3
agree, the surname may be the maiden name of the mother or a combination of4
the surname of the biological father and the maiden name of the mother.5
* * *6
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Jerry G. Jones.
DIGEST
Riser (SB 90)
Present law provides relative to legitimation of a child.
Present law provides that if any child born in this state was legitimated by the subsequent
marriage of its parents, the state registrar, upon receipt of a copy of the marriage certificate
of the parents together with a notarized statement of the husband acknowledging the child's
paternity, shall prepare a new certificate of birth in the new name of the child wherein the
child's surname shall be that of his father or if both the father and mother agree, the surname
may be the maiden name of the mother or a combination of the surname of the husband and
the maiden name of the mother.
Proposed law deletes present law.
Proposed law provides that a major child and the child's biological parents may legitimate
such child by submitting notarized statements and DNA results.
Proposed law provides that upon receipt of the required information, the state registrar shall
prepare a new certificate of birth.
Proposed law provides that the child's surname may be that of his father or, if both the father
and mother agree, the surname may be the maiden name of the mother or a combination of
the surname of the biological father and the maiden name of the mother.
Effective August 1, 2012.
(Amends R.S. 40:46(A))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill.
1. Added deletion of present law relative to new birth certificate due to
legitimation by subsequent marriage of parents.