GREEN SHEET REDIGEST
HB 388 2016 Regular Session Jefferson
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
Provides for the filiation of children.
Present law (C.C. Art. 189) provides for the time period for disavowal of paternity and
provides that prescription runs from the day the husband learns or should have learned of the
birth of the child. Proposed law changes the commencement of the prescription from the day
the husband learns or should have learned of the birth of the child to the birth of the child or
the day the husband knew or should have known that he may not be the biological father of
the child, whichever occurs later.
Present law (C.C. Art. 191) provides for the contestation and establishment of paternity by
the mother. Proposed law retains present law but deletes the outdated reference to "signing
the birth certificate".
Present law (C.C. Art. 195) provides a presumption of paternity when a man marries the
mother and the child is not filiated to another man and he acknowledges the child. Present
law also provides for the disavowal of paternity of a child who was acknowledged by
authentic act. Proposed law retains present law and provides that a revocation of the
authentic act of acknowledgment alone is not sufficient to rebut the presumption.
Present law (C.C. Art. 196) provides for the presumption of paternity by formal
acknowledgment. Proposed law retains present law but deletes the outdated reference to
"signing the birth certificate".
Present law (R.S. 9:406) provides for the revocation of authentic acts of acknowledgment
and provides for a two year prescriptive period. Proposed law deletes the two year
prescriptive period to bring the law into compliance with Succession of Robinson, 654
So.2d. 682 (La. 1995).
Proposed law also requires the petitioner's testimony to be corroborated by other evidence.
Proposed law (R.S. 9:409) provides for the necessary joinder of parties to a filiation and
paternity proceeding. Modified from R.S. 40:34.
Proposed law provides for the prospective application of C.C. Art. 196.
(Amends C.C. Arts. 189, 191, 195, and 196 and R.S. 9:406(B), (C), (D)(2), and (E)(2); Adds
R.S. 9:409)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
reengrossed bill
1. Deleted provisions providing for the process of identifying the father of a
child born outside of marriage.
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Prepared by Benjamin A. Huxen, II.