The Rights of Unmarried Parents - Louisiana

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Definitions

Citation: Children's Code Art. 116(17)

A 'parent' is any living person who is presumed to be a parent under the Civil Code or a biological birth parent or adoptive parent of a child.

Use of Parentage Registries

Citation: Rev. Stat. § 9:400

The Department of Health and Hospitals, Office of Public Health, shall establish a putative father registry that shall record the names and addresses of the following:

  • Any person adjudicated by a court of this State to be the other parent of the child
  • Any person adjudicated by a court of another State or territory of the United States to be the other parent of an out-of-wedlock child, where a certified copy of the court order has been filed with the registry by such person or any other person
  • Any person who has filed with the registry an acknowledgment by authentic act
  • Any person who has filed with the registry a judgment of filiation rendered by a court that recognizes a person as having, either formally or informally, acknowledged a child born outside of marriage and in which the person is adjudged the parent of the child

Alternate Means to Establish Parentage

Citation: Rev. Stat. §§ 9:392; 9:407

Prior to the execution of an acknowledgment of parentage, the notary shall apprise in writing and orally, which may include directing them to video or audio presentations, the birth parent and alleged other parent shall acknowledge the following:

  • Either party has the right to request a genetic test to determine if the alleged other parent is the genetic parent of the child.
  • The alleged other parent has the right to consult an attorney before signing an acknowledgment of parentage.
  • If the alleged other parent does not acknowledge the child, the birth parent has the right to file a parentage suit to establish parentage.
  • After the alleged other parent signs an acknowledgment of parentage, they have the right to pursue visitation with the child and the right to petition for custody.
  • Once an acknowledgment of parentage is signed, the other parent may be obligated to provide support for the child.
  • Once an acknowledgment of parentage is signed, the child will have inheritance rights and any rights afforded children born in wedlock.

The court vested with jurisdiction may provide, by local rule, that proof may be submitted by affidavit in uncontested proceedings to establish parentage.

Required Information

Citation: Rev. Stat. §§ 9:400; 9:392

A person filing a declaration to claim parentage of a child or an acknowledgment of parentage shall include their current address and shall notify the registry of any change of address.

An acknowledgment of a child born outside of marriage shall include the Social Security numbers of both parents and, in accordance with the provisions of 42 U.S.C. 652(a)(7), shall include all minimum requirements specified by the Secretary of the U.S. Department of Health and Human Services. Failure to include a party's Social Security number as required by law shall not affect the validity of the declaration.

Revocation of Claim to Parentage

Citation: Rev. Stat. § 9:392

An alleged other parent who executed an authentic act of acknowledgment may revoke the act, without cause, before the earlier of the following:

  • Sixty days after the signing of the act, in a judicial hearing for the limited purpose of revoking the acknowledgment
  • A judicial hearing relating to the child, including a child support proceeding, wherein the alleged other parent who executed the authentic act of acknowledgment is a party to the proceeding

Thereafter, the acknowledgment of parentage may be voided only upon proof, by clear and convincing evidence, that such act was induced by fraud, duress, material mistake of fact, or error or that the alleged other parent who executed the authentic act of acknowledgment is not the biological other parent.

Access to Information

Citation: Rev. Stat. § 9:400

The Department of Health and Hospitals shall, upon request, provide the names and addresses of persons listed with the registry to any court or authorized agency. Such information shall not be divulged to any other person, except upon order of a court for good cause shown.