What can an Acknowledgment of Paternity do?
In Louisiana, the Acknowledgment of Paternity is a legal process that establishes the paternal relationship between a father and a child, particularly when the child is born outside of marriage. This process is governed by specific provisions in the Louisiana Civil Code and Revised Statutes, which outline the methods, implications, and procedures for such acknowledgments.
Formal Acknowledgment by Authentic Act
According to Article 196 of the Louisiana Civil Code, a man may acknowledge a child not affiliated to another man through an authentic act. This acknowledgment creates a presumption that the man is the father of the child, a presumption that can be invoked solely on behalf of the child. However, except in matters related to custody, visitation, and child support, this presumption does not favor the man who acknowledges the child. Justia Law
| Notary Notes | |
|---|---|
| Authentic Form | Yes |
| Recordation | Yes* |
| Parties | Affiant – Paternal Father |
Presumption of Paternity by Subsequent Marriage and Acknowledgment
Article 195 addresses situations where a man marries the mother of a child not affiliated to another man and, with her concurrence, acknowledges the child through an authentic act. In such cases, the man is presumed to be the father. If he wishes to disavow paternity, he must do so in accordance with Article 187. Notably, revoking the authentic act of acknowledgment alone is insufficient to rebut this presumption. The action for disavowal is subject to a preemptive period of 180 days, commencing from the later of the marriage date or the acknowledgment. Justia Law
Requirements and Content of Acknowledgment
Revised Statute 9:392 outlines the obligations of a notary prior to the execution of an acknowledgment of paternity. The notary must inform both the mother and the alleged father, both in writing and orally, about their rights, including the right to request a genetic test, the right to consult an attorney, and the implications of signing the acknowledgment, such as potential child support obligations and the child’s inheritance rights. The statute also details the conditions under which an acknowledgment can be revoked and the legal responsibilities during such proceedings. Justia Law
Implications of Acknowledgment
Per Revised Statute 9:392.1, in matters of child support, custody, and visitation, an acknowledgment of paternity executed by authentic act is deemed a legal finding of paternity. This acknowledgment is sufficient to establish obligations for child support and rights to visitation without necessitating a separate judgment of paternity. Justia Law
Procedures for Acknowledgment
The Louisiana Department of Health provides an “Acknowledgment of Paternity Affidavit” to add the biological father’s name to a child’s birth certificate when the mother was married to someone else at the time of the child’s birth. This form facilitates the legal recognition of paternity and ensures that the father’s name is appropriately recorded on official documents. Louisiana Department of Health
Disclaimer: We don’t always hit the marks and mistakes happen. If you see anything that is in error or believe that something should be revised, please do not hesitate to reach out to our team at support@howtowlouisiana.com
Legal: How To Louisiana, it’s stakeholders, and it’s affiliates do not practice law, do not advise in any legal manner, and are not admitted to practice law. If you do not feel comfortable conducting transactions at your own discretion please seek trusted legal advice. We are unable to provide any guidance related to any legal matter, now or in the future.
