Louisiana House Bill HB559

Louisiana 2018 Regular Session

• Introduced: 3/2/18
• Refer: 3/2/18
• Refer: 3/12/18
• Report Pass: 4/3/18
• Engrossed: 4/19/18
• Refer: 4/23/18

Caption

Provides with regard to voiding acknowledgment of paternity

Impact

The proposed law extends visitation rights not only to alleged biological fathers in cases involving assistive reproductive technology but also includes provisions for unmarried parents in a cohabitation arrangement, recognizing them as former stepparents. This broadening of eligibility could lead to an increase in cases seeking visitation rights, as more individuals may qualify under the revised definitions. Furthermore, the stringent requirement for proving extraordinary circumstances means that courts will now take a more meticulous approach when evaluating such rights, potentially safeguarding children's best interests more effectively.

Summary

House Bill 559 aims to reform visitation rights in family law, specifically addressing scenarios involving assistive reproductive technology. The bill introduces a heightened burden of proof for granting visitation rights, which must now be established by 'clear and convincing evidence' that such rights are in the best interest of the child. This heightened standard is particularly relevant in cases where the alleged father has completed an authentic act of acknowledgment post-August 1, 2016, thereby allowing these fathers to seek visitation rights under certain circumstances.

Sentiment

General sentiment surrounding HB 559 is mixed. Supporters argue that the bill reflects a necessary modernization of family law that adapts to contemporary family structures and acknowledges the evolving nature of parenthood. Opponents, however, express concerns over the implications of the heightened burden of proof, fearing that it could obstruct legitimate claims for visitation rights and complicate access to parent-child relationships in non-traditional family units.

Contention

Notable points of contention include the definition of 'extraordinary circumstances' and the implications of requiring clear and convincing evidence for visitation rights. Critics highlight that this threshold may inadvertently disadvantage certain parties in custody disputes, such as non-biological parents or extended family members who seek to maintain a relationship with the child. As the bill amends existing laws in Louisiana regarding visitation, discussions continue about the potential impact on family dynamics and the precedence it sets for future legislation concerning reproduction and parental acknowledgment.