La. Public Health and Safety § 40:46.4

Current with changes from the 2024 Legislative Session

Section 40:46.4 - Change of paternal filiation; disavowal of paternity or three-party acknowledgment

A. If the surname of the child, the name of the father of the child, or other information pertaining to the father as it was entered on the birth certificate was that of the man who was presumed to be the father of the child under Civil Code Article 185, 186, or 195, and if the man or his successor obtains a final and definitive judgment disavowing paternity of the child or the parties execute the three-party acknowledgment provided in Civil Code Article 190.1, the state registrar, upon receipt of a certified copy of that judgment or of the three-party acknowledgment and certified report of blood or tissue sampling which indicates by a ninety-nine and nine-tenths percentage point threshold probability that the biological father is the father of the child, shall amend the birth certificate as follows:

(1) Strikethroughs: Strike through the surname of the child, the name of the father of the child, and all other information pertaining to him, in particular, his age, race, ethnicity, residence, birthplace, and social security number.

(2) Additions:

(a) If the judgment of disavowal does not trigger the presumption of paternity established in the first sentence of the second paragraph of Civil Code Article 186, the state registrar shall amend the birth certificate as follows: for the surname of the child, enter the maiden name or surname of the mother of the child, at her discretion.

(b) If the judgment of disavowal triggers the presumption of paternity established in the first sentence of the second paragraph of Civil Code Article 186, the state registrar shall amend the birth certificate as follows:

(i) For the surname of the child, enter either that of the second husband of the mother of the child or, if both he and the mother agree, her maiden name or surname or a combination of his surname and her maiden name or surname.

(ii) For the name of the father of the child, his age, race, ethnicity, residence, birthplace, and social security number, enter those of the second husband of the mother.

(c) If the state registrar receives the three-party acknowledgment provided in R.S. 40:34.5.1, the state registrar shall amend the birth certificate as follows:

(i) For the surname of the child, enter the maiden name or surname of the mother, at her discretion. However, if the biological father and the mother agree, the state registrar shall enter as the surname of the child the maiden name or surname of the mother, the surname of the biological father, or a combination of the surname of the biological father and the maiden name or surname of the mother.

(ii) For the name of the father of the child, his race, ethnicity, residence, birthplace, and social security number, enter those of the biological father.

B. Upon the petition of the mother of the child, a court may, for good cause shown, order the state registrar to enter, as the surname of the child, the maiden name or surname of the mother or a combination of the surname of the man whose surname should otherwise be given to the child under Subparagraph (A)(2)(b) of this Section and the maiden name or surname of the mother, whichever she may choose, even if that man does not concur.

La. Public Health and Safety § 40:46.4

Acts 2016, No. 434, §3; Acts 2018, No. 21, §1, eff. May 7, 2018.

Amended by Acts 2018, No. 21,s. 1, eff. 5/7/2018.

Amended by Acts 2016, No. 434,s. 3, eff. 8/1/2016.