HLS 23RS-69 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 5
BY REPRESENTATIVES FRIEMAN, AMEDEE, BACALA, CREWS, EDMONDS,
EMERSON, GAROFALO, HARRIS, HILFERTY, HORTON, JEFFERSON,
KNOX, LAFLEUR, MACK, MCFARLAND, SEABAUGH, STAGNI, THOMAS,
AND WHITE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PATERNITY: Provides relative to pregnancy-related medical expense obligations
1 AN ACT
2To amend and reenact the heading of Part 1-B of Chapter 1 of Code Title VII of Book I of
3 Title 9 of the Louisiana Revised Statutes of 1950 and to enact R.S. 9:399.2, relative
4 to paternal obligations; to provide relative to pregnancy-related medical expenses;
5 to provide relative to evidence of paternity; to provide for peremption; and to provide
6 for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. The heading of Part 1-B of Chapter 1 of Code Title VII of Book I of Title
99 of the Louisiana Revised Statutes of 1950 is hereby amended and reenacted and R.S.
109:399.2 is hereby enacted to read as follows:
11 PART I-B. ESTABLISHMENT OF CHILD SUPPORT
12 IN PATERNITY PROCEEDING
13 * * *
14 ยง399.2. Effect of paternity on pregnancy-related medical expenses
15 A. The biological mother of a child may institute an action against the
16 biological father of the child to recover fifty percent of documented out-of-pocket
17 pregnancy-related medical expenses. The biological mother may institute the action
18 only after the paternity of the child has been proven by clear and convincing
19 evidence, as provided by Part I-A of this Title.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-69 REENGROSSED
HB NO. 5
1 B. Only the following out-of-pocket pregnancy-related medical expenses
2 may be recovered by the biological mother from the biological father:
3 (1) Actual medical expenses, including hospital, testing, nursing,
4 pharmaceutical, travel, or other expenses, incurred by the biological mother for
5 prenatal care and those medical expenses incurred by the biological mother and child
6 incident to birth.
7 (2) Any additional expense authorized by order of the court upon a specific
8 finding that the expense is reasonable and necessary.
9 C. The action by the biological mother shall be instituted within a
10 peremptive period of two years from the day of the birth of the child.
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 5 Reengrossed 2023 Regular Session Frieman
Abstract: Provides for the payment of out-of-pocket pregnancy-related medical expenses
from the biological father.
Proposed law provides that the biological mother of a child may recover 50% of documented
out-of-pocket pregnancy-related medical expenses from the biological father of the child.
Proposed law provides that the biological mother may institute the action only if the
paternity of the child has been proved by clear and convincing evidence.
Proposed law provides for examples of recoverable out-of-pocket medical expenses
including actual medical expenses incurred by the biological mother for prenatal care, those
incurred by the biological mother and child incident to birth, and any additional expense
authorized by order of the court if found to be reasonable and necessary.
Proposed law provides that the action shall be instituted within a peremptive period of two
years from the day of the birth of the child.
(Amends the heading of Part 1-B of Chapter 1 of Code Title VII of Book I of Title 9 of the
La. Revised Statutes of 1950; Adds R.S. 9:399.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Make technical changes to the structure of the bill.
2. Provide examples of actual medical expenses and allow for additional reasonable
and necessary expenses as ordered by the court.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.