HLS 19RS-499 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 110
BY REPRESENTATIVE POPE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VITAL STATS/BIRTH CERT: Provides relative to notice of information regarding
paternity
1 AN ACT
2To amend and reenact Civil Code Article 189 and R.S. 40:34.5(A), relative to paternity; to
3 provide for notice of the inclusion of paternity information on birth certificates; to
4 provide relative to prescription of an action to disavow paternity; to provide for
5 written notice prior to the commencement of prescription; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Civil Code Article 189 is hereby amended and reenacted to read as
9follows:
10 Art. 189. Time limit for disavowal by the husband
11 The action for disavowal of paternity is subject to a liberative prescription of
12 one year. This prescription commences to run from the day of the birth of the child,
13 or the day the husband knew or should have known that he may not be the biological
14 father of the child, whichever occurs later.
15 Nevertheless, if the husband lived separate and apart from the mother
16 continuously during the three hundred one hundred eighty days immediately
17 preceding the birth of the child, or if an action for divorce is pending or a judgment
18 of divorce has been rendered at the time of the birth of the child, this prescription
19 does not commence to run until the husband is notified in writing, by certified mail,
20 that a party in interest has asserted that the husband is the father of the child.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-499 ORIGINAL
HB NO. 110
1 Section 2. R.S. 40:34.5(A) is hereby amended and reenacted to read as follows:
2 ยง34.5. Original birth certificate; required contents; name of father
3 A.(1) If the child is born to a mother who either is married or was married
4 within three hundred days prior to the birth of the child, the full name of the father
5 shall be recorded in the same manner provided for the recordation of the surname of
6 the child in R.S. 40:34.2(2)(a) and (c), subject to the requirements provided by
7 Paragraph (A)(2) of this Subsection and unless otherwise provided by law.
8 (2) The full name of the husband or former husband shall be recorded as
9 provided by Paragraph (A)(1) of this Section only after the husband or former
10 husband, or if deceased, his successor, is notified in writing, by certified mail, that
11 his name will be recorded as the father of the child on the birth certificate when any
12 of the following occur:
13 (a) The child is born to a mother who was divorced from the former husband
14 who is presumed to be the father of the child as provided by Civil Code Article 185
15 or 186.
16 (b) The child is born to a mother who was living separate and apart from her
17 husband continuously during the one hundred eighty days immediately preceding the
18 birth of the child.
19 (c) An action for divorce is pending between the mother of the child and the
20 husband at the time of the birth of the child.
21 * * *
22 Section 3. The provisions of this Act shall apply retroactively to August 1, 2016.
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 110 Original 2019 Regular Session Pope
Abstract: Provides for written notice to a husband or former husband who is being named
as the father of a child who is born when the father and mother are divorced, when
the husband and wife are living separate and apart, or when an action for divorce is
pending.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-499 ORIGINAL
HB NO. 110
Present law provides that if a child is born to a mother who either is married or was married
within 300 days prior to the birth of the child, the full name of the father shall be recorded
on the birth certificate, unless otherwise provided by law.
Proposed law retains present law but provides that the full name of the husband or former
husband shall be recorded as provided by present law only after the husband or former
husband is notified in writing, by certified mail, that his name will be recorded as the father
of the child when the child is born to a mother who was divorced, when the mother was
living separate and apart from her husband within 180 days prior to the birth of the child, or
when an action for divorce is pending at the time of the birth of the child.
Present law provides that the action for disavowal of paternity is subject to a liberative
prescription of one year.
Present law provides that if the husband lived separate and apart from the mother
continuously during the 300 days immediately preceding the birth of the child, prescription
does not commence to run until the husband is notified in writing that a party has asserted
that the husband is the father of the child.
Proposed law changes the time period from 300 days to 180 days and adds that if an action
for divorce is pending or a judgment of divorce has been rendered at the time of the birth of
the child, notice to the husband or former husband shall be provided by certified mail.
Proposed law provides for retroactive application to August 1, 2016.
(Amends C.C. Art. 189 and R.S. 40:34.5(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.