HLS 23RS-2672 ORIGINAL
2023 Regular Session
HOUSE STUDY REQUEST NO. 3
BY REPRESENTATIVE GREGORY MILLER
CHILDREN: Requests a study of provisions relative to filiation
1 A STUDY REQUEST
2To request the House Committee on Civil Law and Procedure, or a subcommittee thereof,
3 to study the provisions relative to filiation, and to report its findings to the House of
4 Representatives prior to December 15, 2023.
5 WHEREAS, Act No. 549 of the 1980 Regular Session enacting former Civil Code
6Article 209, provided that filiation actions may be brought within nineteen years after birth
7of the putative heir or six months of the death of the alleged father, whichever occurs first;
8and
9 WHEREAS, Act No. 549 of the 1980 Regular Session further provided that putative
10heirs nineteen years or older shall have one year from the effective date of Act No. 549 to
11bring a civil proceeding to establish filiation, and if no such proceeding was instituted within
12such time, the filiation claim would be forever barred; and
13 WHEREAS, Act No. 720 of the 1981 Regular Session amended former Civil Code
14Article 209 to provide that filiation actions may be brought within nineteen years after birth
15of the putative heir or one year of the death of the alleged father, whichever occurs first; and
16 WHEREAS, Act No. 720 of the 1981 Regular Session further provided a one year
17period within which to bring a filiation action for any person whose time period has
18otherwise accrued pursuant to this Act; and
19 WHEREAS, Act No. 192 of the 2005 Regular Session did not provide a grace period
20for the filing of previously perempted and extinguished filiation claims after the effective
21date of Act No. 192; and
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1 WHEREAS, Act No. 192 of the 2005 Regular Session did not expressly renounce,
2interrupt, or suspend perempted and extinguished filiation claims under former Civil Code
3Article 209, relative to putative heirs who had attained the age of nineteen prior to the
4effective date of Act No. 192; and
5 WHEREAS, perempted and extinguished filiation claims under former Civil Code
6Article 209 is a vested property right of the alleged father, which is a heritable right
7transferred to the decedent's estate, along with all other property rights; and
8 WHEREAS, the state has a strong interest in the orderly disposition of property upon
9the death of persons.
10 THEREFORE, the House of Representatives of the Legislature of Louisiana requests
11the House Committee on Civil Law and Procedure, or a subcommittee thereof, to study the
12provisions relative to filiation, and to report its findings to the House of Representatives
13prior to December 15, 2023.
14 BE IT FURTHER RESOLVED that the House of Representative of the Legislature
15of Louisiana does hereby request the House Civil Law and Procedure Committee, or a
16subcommittee thereof, to specifically include in its report a review and analysis of the
17following:
18 (1) Whether the time limits under former Civil Code Article 209 were held to be
19constitutionally valid and enforceable.
20 (2) Whether the provisions of Act No. 192 of the 2005 Regular Session (relative to
21Civil Code Article 197) provide that Act No. 192 shall be applied retroactively.
22 (3) Whether filiation claims under former Civil Code Article 209 were subject to the
23exception of peremption prior to the effective date of Act No. 192 of the 2005 Regular
24Session.
25 (4) Whether the provisions of Act No. 192 of the 2005 Regular Session clearly and
26unequivocally revived filiation claims previously perempted and extinguished under former
27Civil Code Article 209.
28 (5) Whether Act No. 192 of the 2005 Regular Session (relative to Civil Code Article
29197) creates a new filiation cause of action in proceedings for putative heirs of all ages,
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1regardless if such claim was previously perempted and extinguished under former Civil
2Code Article 209.
3 BE IT FURTHER RESOLVED that one print copy and one electronic copy of any
4report produced pursuant to this Resolution be submitted to the David R. Poynter Legislative
5Research Library as required by R.S. 24:772.
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)]
HSR 3 Original 2023 Regular Session Gregory Miller
Requests the House Committee on Civil Law and Procedure to study the provisions relative
to filiation and report its findings prior to Dec. 15, 2023.
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