The request for services in this area of the law has increased greatly. It is important to have the necessary affidavits or information available for our clients and a working knowledge of the various statutes to know what options the client may have.1

It is important to remember your presumptions in dealing with paternity. Under Louisiana law, the husband of the mother is presumed to be the father of a child born during or within 300 days from termination of the marriage.2

However, if a child is presumed to be the child of the mother’s husband (the “legal father”) but is actually the child of another man (the “biological father”), then a situation of “dual paternity” arises. Louisiana is the only state that allows for “dual paternity.” This situation typically presents itself when the mother seeks child support from the legal father, but DNA testing determines that he is not the biological father. The legal father has several mechanisms by which he can “pull in” a biological father. 

The first is for the legal father to file a disavowal action under La. C.C. art. 187. If the legal father successfully proves that he is not the biological father by clear and convincing evidence,3  this action extinguishes his legal obligations to the child. However, if the legal father does not disavow timely (within 1 year of the child’s birth or of the point when he knew or should have known he was not the child’s father, whichever occurs later), the presumption of paternity is irrebuttable.4  In a disavowal action, the court must appoint an attorney to represent the child.5  If the presumed father is successful, existing child support orders are terminated, but he remains liable for any arrearages prior to the date of filing the disavowal action.6

Second, if the mother has married the biological father and he has acknowledged the child by authentic act, she may bring a contestation action to prove that her former husband is not the biological father and that her current husband is the father.7

The third mechanism alleviates the need for disavowal or contestation actions. Under La. C.C. art. 190.1, the mother, the legal father, and the biological father can execute a “three-party acknowledgment of paternity,” provided that the biological father’s paternity is shown 99.9% probable via a DNA test. There is a peremptive time period of 10 years from the child’s birth for execution of this acknowledgment.8  This acknowledgment can be revoked within 60 days under La. R.S. 9:392(A)(7)(2) or annulled under La. C.C.P. art. 2001 for vices of form or substance.

Finally, even if the legal father objects, the biological father may file an avowal action under La. C.C. art. 198. This action is subject to strict peremptory periods.

• 1A useful guide provided by the Department of Health and Hospitals can be found here.
• 2La. C.C. art. 185.
• 3Id.
• 4La. C.C. art. 189.
• 5La. C.C.P. art. 5091.1.
• 6La. R.S. 9:402.
• 7La. C.C. art. 191.
• 8La. C.C. art. 190.1.

A child born outside of marriage is not filiated to any man. A biological father can execute a formal acknowledgment under La. R.S. 9:392. That acknowledgment is enough to prove paternity, both in support and custody proceedings.1  Although old law provided that “signing the birth certificate” (or more likely being named on the birth certificate) constituted acknowledgment, this is no longer the case.2  A man can revoke the acknowledgment within 60 days of signing.3

If a man acknowledges a child born outside of marriage (with the mother’s consent) and marries the mother, a legal presumption of paternity is created and can only be undone by filing a disavowal action, not by mere revocation of the acknowledgment.4  Regardless of whether he marries the mother, a man may also bring an avowal action under La. C.C. art. 198 to establish his paternity of a child born outside of marriage.

A child, or more likely the child’s mother, can institute a paternity action to establish the paternity of a biological father.5  Other than in succession matters, this action may be brought at any time.6  This action is also available even if the child is presumed to be the child of another man.7

La. R.S. 40:34 adopts a paternity establishment procedure for child support purposes only. If a man is noticed and fails to contest the identification, or a blood test is done and he does not contest those results, there is a limited presumption of paternity created for child support purposes.8

If, as a result of a paternity action or a child support enforcement proceeding, a man is adjudicated to be the father of a child, but it is later determined that he is not, he can move under La. R.S. 9:399.1 to vacate the judgment. This petition must be served on the original parties and on DCFS if enforcement services are being provided.9  This must be brought within 2 years of the judgment of paternity or 2 years from when the adjudicated father should have known of the paternity action, whichever occurs first.10

• 1La. R.S. 392.1.
• 2See La. C.C. art. 196 cmt. 2016(b).
• 3La. R.S. 9:392(A)(7)(a).
• 4La. C.C. art. 195.
• 5La. C.C. art. 197.
• 6Id.
• 7Id.
• 8La. R.S. 40:34.
• 9La. R.S. 9:399.1(A).
• 10Id.

La. C.C.P. art. 74.1 provides for venue in filiation and child support actions. Jurisdiction over nonresidents is provided for in La. Ch.C. art. 1302.1.

La. R.S. 9:396 and La. R.S. 9:398.2 allow a court to order blood or tissue test for determining paternity.

La. R.S. 34.2 provides the rules for determining what surname may be placed on a child’s birth certificate.

La. R.S. 13:4751, et seq. provide the procedures for changing a minor’s name. This requires filing a petition to be tried contradictorily against the district attorney. A new birth certificate is issued.

La. R.S. 40:46 allows for a new birth certificate to be issued with a new surname when there is a judgment of filiation.