HLS 15RS-706 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 134
BY REPRESENTATIVE FANNIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/ACTIONS: Provides relative to petitions for the name change of a minor
1 AN ACT
2To amend and reenact R.S. 13:4751(C)(2), relative to petitions for the name change of a
3 minor; to provide relative to persons entitled to service of the petition and persons
4 entitled to consent to a name change; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 13:4751(C)(2) is hereby amended and reenacted to read as follows:
7 ยง4751. Petition for name change; adults; minors
8 * * *
9 C. If the person desiring such change is a minor or if the parents or parent
10 or the tutor of the minor desire to change the name of the minor:
11 * * *
12 (2) If one parent has been granted custody of the minor by a court of
13 competent jurisdiction, the consent of the other parent is not necessary under either
14 of the following circumstances:
15 (a) The parental rights of the other parent have been terminated.
16 (b) if the The other parent has been served with a copy of the petition and
17 any of the following exists:
18 (a)(i) The other parent has refused or failed to comply with a court order of
19 support for a period of one year.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-706 ENGROSSED
HB NO. 134
1 (b)(ii) The other parent has failed to support the child for a period of three
2 years after judgment awarding custody to the parent signing the petition.
3 (c)(iii) The other parent is not paying support and has refused or failed to
4 visit, communicate, or attempt to communicate with the child without just cause for
5 a period of two years.
6 * * *
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)]
HB 134 Engrossed 2015 Regular Session Fannin
Abstract: For a minor petitioning for a name change, eliminates the need for notice to and
consent of a parent whose parental rights have been terminated.
Present law authorizes the name change for a minor without the consent of the noncustodial
parent if the noncustodial parent has been served with a copy of the petition and has: (1)
refused or failed to comply with a court order of support for a period of one year; (2) failed
to support the child for a period of three years after judgment awarding custody to the parent
signing the petition for name change; or (3) failed to support and has refused or failed to
communicate or attempt to communicate with the child without just cause for a period of
two years.
Present law does not specifically authorize the name change of a minor without notice to and
consent of a parent whose parental rights have been terminated.
Proposed law authorizes the name change for a minor without the need for notice to and
consent of a parent whose parental rights have been terminated.
(Amends R.S. 13:4751(C)(2))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.