La. Admin. Code tit. 48 § V-11501

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-11501 - Acknowledgment of Paternity

A. Introduction

1. All documents submitted to accomplish changes on a birth certificate as a result of acknowledgement of paternity of judgments of filiation shall be either the original or certified true copies of the original instruments bearing an official seal. All documents submitted shall be retained by the state registrar.

2. Certificates of live birth, new or altered as a consequence of an act of acknowledgement of a filiation judgment shall be distinctly marked "acknowledgement" or "filiation judgment" in the confidential section and shall include the evidentiary basis for the action, the date of the action, and the full signature of the state registrar or his designee.

3. A birth certificate which bears a father's surname and data shall only be altered when there has been a successful disavowal of paternity by the father or heirs in accordance with Codal Articles 187 and 190 within the time specified by Codal article 189. When such a disavowal cannot be obtained, it is suggested that an adoption be considered.

B. Voluntary Acknowledgement of Paternity-Minors

1. In circumstances wherein the birth certificate of a child on file in the Vital Records Registry does not reflect the name of a father, the certificate may be altered by an authentic act of acknowledgement in compliance with the provisions of Louisiana Civil Code, Article 203.

2. The state registrar of vital records shall recognize formal and authentic acts of acknowledgement executed before the notary public, by the father and the mother jointly in the presence of two competent witnesses; when the mother is unable to appear before a notary public, the registrar shall recognize a formal and authentic act of acknowledgement executed by the father before a notary public and two competent witnesses which has been endorsed by the mother in the presence of two competent witnesses signifying that the mother concurs. An acknowledgment by the child's mother or father alone, while authorized pursuant to Article 203, shall have no effect on the birth record. In other words, the child's mother or father, acting alone, may not cause a father's name or data to be added onto a birth record.

3. The act of acknowledgement shall set forth the acknowledging father's address and full name, city and state of birth, age at the time of the child's birth, and the father's race. In the event that the above information relating to the child's father is not a part of the authentic act itself, that information may be otherwise provided in writing by the acknowledging parent(s) or an attorney acting on his or their behalf.

4. The surname of the child that the parents desire appear on the birth certificate shall be specifically included in the acknowledgement of paternity. The surname may be either the maiden name of the mother, the surname of the biological father or a hyphenated combination of the two surnames in the order specified by the parents.

5. After a birth record has been filed and registered in the vital records registry and upon presentation of an act of acknowledgement and parental information, the state registrar or his designee shall prepare a new certificate of live birth for the child incorporating the specified birth facts. The biological father shall sign the new certificate. The date of the informant's signature shall be left blank on the certificate of live birth. The mother's signature shall be obtained if the father is not available. If neither are available, the state registrar is authorized to sign for the parents.

6. Except in instances of "in-hospital" acknowledgements, when the attendant's name is not legible on the original certificate of live birth, it shall be the responsibility of the parents to obtain a written, signed statement from the attendant attesting to his attendance at the birth. When such a signed statement cannot be obtained from the attendant, the statement may be obtained from the administrator of the medical institution where the birth occurred or his designee on the letterhead of that institution. The name of the attendant shall be typed on the certificate of live birth along with the date of the attendant's signature as it appeared on the original birth document.

7. No alterations of birth data other than the child's surname, and the data relative to the biological father may occur based on an act of acknowledgement.

8. The fee specified for an acknowledgement [see R.S. 40:40 (8)] shall be applicable for this transaction as shall the statutory issuance fee [see R.S. 40:40 (11)] for any copies of the revised certificate of live birth desired by the parents.

C. Obtaining a New Certificate of Live Birth on an Old Acknowledgment of Paternity for those Persons who have not Reached the Age of Majority

1. The mother or father of a child who was acknowledged prior to the effective date of this rule may formally request that a new certificate of live birth be issued. Provided that the acknowledgement documents on file are in proper order as specified in paragraph A.1 above and the information regarding the attendant is provided, a new certificate may be issued. Any deviation from the surname of the child as it appears on the certificate of live birth already on file shall be in accordance with the naming process outlined above and shall require and affidavit in which the mother and biological father concur in the revised surname.

2. The fee specified for a certificate of live birth correction [see R.S.40:40(10)] shall be applicable for this transaction as shall the statutory issuance fee [see R.S. 40:40(11)] for any copies of the revised certificate of live birth desired by the parents.

E. Acknowledgement of Paternity of Persons who have Reached the Age of Majority

1. If at the time of acknowledgement of paternity, or judgment of paternity or filiation the registrant shall have reached the age of majority, the state registrar shall require an affidavit(s) to be obtained from the district attorney(s) of the place (s) of residence and domicile of the said person for the past five years, wherein the district attorney(s) shall state objections, if any exist, to the name change aspects, prior to the preparation of the altered of new certificate of live birth. If there is an objection, the state registrar may not proceed with the alteration or new certificate until the distric attorneys' objections, if any, have been resolved.

La. Admin. Code tit. 48, § V-11501

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987), amended LR 15:273 (April 1989).

AUTHORITY NOTE: Promulgated in accordance with La. Civil Code Art. 203; R. S.40:32, R.S. 40:33, R. S. 40:46, and R.S.40:59-60.