GREEN SHEET REDIGEST
HB 147 2018 Regular Session Dwight
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
FAMILY LAW: Provides for the filiation of a child.
DIGEST
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. Further provides that a declaration or acknowledgment include
that the husband or former husband presumed to be the father and the mother lived separate
and apart continuously for at least 300 days prior to the birth of the child.
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.
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Prepared by Jerry G. Jones. Proposed law repeals present law.
Proposed law further directs the La. State Law Institute to revise and prepare comments for
the provisions of the proposed law.
Effective January 1, 2019.
(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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
reengrossed bill
1. Changed effective date from governor signature to Jan. 1, 2019.
2. Added that declaration or acknowledgment include that husband or former
husband presumed to the father and mother lived separate and apart continuously
for at least 300 days prior to the birth of the child.
3. Directs La. Law Institute to revise and prepare comments for Act provisions.
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Prepared by Jerry G. Jones.