HLS 16RS-344 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 93
BY REPRESENTATIVE GREGORY MILLER
CIVIL/LAW: Revises language in the tutorship articles of the Civil Code
1 AN ACT
2To amend and reenact Civil Code Articles 256(A) and (C) and 261, relative to terminology;
3 to provide for updated language; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. Civil Code Articles 256(A) and (C) and 261 are hereby amended and
6reenacted to read as follows:
7 Art. 256. Illegitimate children Children born outside of marriage
8 A. The mother is of right the tutrix of her illegitimate child born outside of
9 marriage not acknowledged by the father, or acknowledged by him alone without her
10 concurrence.
11 * * *
12 C. If both parents have acknowledged their illegitimate child born outside
13 of marriage, the judge shall appoint as tutor the one by whose care the best interests
14 of the child will be served. However, if the parents are awarded joint custody of
15 such acknowledged illegitimate child born outside of marriage, then the cotutorship
16 of such child shall belong of right to both parents, with equal authority, privileges,
17 and responsibilities, unless modified by order of the court or by an agreement of the
18 parents, approved by the court awarding joint custody.
19 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-344 ENGROSSED
HB NO. 93
1 Art. 261. Illegitimate child Child born outside of marriage
2 The father or mother who is entitled to the tutorship of the illegitimate child
3 born outside of marriage, according to the provisions of Article 256, can choose a
4 tutor for him, whose appointment, to be valid, must be approved by the judge.
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 93 Engrossed 2016 Regular Session Gregory Miller
Abstract: Removes the term "illegitimate child" found in tutorship articles.
Present law uses the term "illegitimate child" to refer to a child born outside of marriage.
Proposed law replaces the term "illegitimate child" with "child born outside of marriage".
(Amends C.C. Arts. 256(A) and (C) and 261)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.