RÉSUMÉ DIGEST
ACT 21 (HB 147) 2018 Regular Session Dwight
Existing 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.
New law 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 the biological father. New 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.
New 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.
Existing law provides for the contents of the birth certificate of a child. New law provides
for the surname of a child born to a married mother in cases involving a properly executed
three-party acknowledgment and a DNA test confirming the paternity of the biological father.
Existing law provides for the name of the father on the birth certificate of a child. New law
provides for the name of the father of a child born to a married mother in cases involving
a properly executed three-party acknowledgment and directs the state registrar to record the
biological father's information on the birth certificate of the child.
New law requires the La. Dept. of Health to develop a form for the three-party
acknowledgment.
Existing law provides for the amendment of a birth certificate of a child when there is a
change of paternal filiation. New law further provides for the amendment of a birth
certificate upon the execution of a three-party acknowledgment and directs the state registrar
to record the biological father's information on the birth certificate of the child.
Prior law authorized 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. New law repeals prior
law.
Effective upon signature of governor (May 7, 2018).
(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)