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 147 Reengrossed 2018 Regular Session Dwight
Abstract: Provides for the filiation and birth certificate of a child when the husband is not the
biological father of the child.
Present law (C.C. Arts. 185-190) provides that the husband of the mother is presumed to be the
father of the child born during the marriage or within 300 days from the date of termination of the
marriage and provides for the disavowal of paternity.
Proposed law (C.C. Art. 190.1) retains present law but provides that the husband or former husband
of the mother is not presumed to be the father of the child if the mother, presumed father, and
biological father execute a three-party acknowledgment regarding the paternity of the child and a
DNA test confirms the paternity of a third party. Proposed law further provides that the person
acknowledging that he is the biological father of the child is presumed to be the father if confirmed
by a DNA test and the parties execute a three-party acknowledgment of paternity.
Proposed law provides a ten-year peremptive period from the day of the birth of the child and a
one-year peremptive period from the day of the death of the child for the execution of this
acknowledgment.
Present law (R.S. 40:34.2) provides for the contents of the birth certificate of a child.
Proposed law retains present law but provides an exception for the surname of a child born to a
married mother if the parties have executed a three-party acknowledgment and a DNA test confirms
the paternity of the biological father.
Present law (R.S. 40:34.5) provides for the name of the father on the birth certificate of a child.
Proposed law retains present law but provides an exception for the information pertaining to the
father of a child born to a married mother if the parties have executed a three-party acknowledgment.
Proposed law (R.S. 40:34.5.1) provides that the husband or former husband presumed to be the
father of a child, the mother, and the biological father may execute a three-party acknowledgment
of paternity. Proposed law then directs the state registrar to record the information on the birth
certificate of the child.
Proposed law (R.S. 40:34.5.2) requires the La. Dept. of Health to develop a form for the three-party
acknowledgment. Present law (R.S. 46.4) provides for the amendment of a birth certificate of a child when there is a
change of paternal filiation.
Proposed law retains present law and further provides for the amendment of a birth certificate upon
the execution of a three-party acknowledgment. Proposed law then directs the state registrar to
record the information on the birth certificate of the child.
Present law (R.S. 40:46.9) authorizes the amendment of a birth certificate of a child if the husband
and the mother lived separate and apart for 180 days prior to conception and did not reconcile and
the biological father is someone other than the husband of the mother.
Proposed law repeals present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:34.2(2)(a)(intro. para.), 34.5(A), and 46.4(A); Adds C.C. Art. 190.1 and R.S.
40:34.5.1 and 34.5.2; Repeals R.S. 40:46.9)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add an effective date.
2. Require a DNA test confirming the biological father's paternity.