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 996 Original 2016 Regular Session Amedee
Abstract: Updates provisions in the Vital Records Law to allow DNA tests to prove paternity for
child support purposes.
Present law establishes a procedure for a mother to allege the paternity of a child born outside of
marriage for child support purposes. If the father is known to the mother, present law requires her
to complete and sign a paternity information form issued by the Vital Records Registry. Present law
further requires the Dept. of Children and Family Services (DCFS) to serve notice on the alleged
father of the child, who then has 90 days to contest the allegation that he is the father.
Proposed law requires the alleged father to contest the allegation of paternity by advising DCFS in
writing that he is not the father. If the alleged father fails to contest the allegation in writing within
90 days, present law provides that he shall be presumed to be the father of the child, for support
purposes only, and the agency or the custodial parent can use this presumption in an action to seek
a support order.
Present law authorizes the use of a blood test to determine the paternity of the child if the alleged
father contests the allegation of paternity.
Proposed law updates present law to authorize the use of a DNA test to determine the paternity of
the child.
(Amends R.S. 40:34(E)(1), (2), (4), and (5))