Louisiana Adoption Laws, pg 5

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Putative Fathers

Does State have a Putative Father Registry:

Yes

Legal definition of "father"
Children's Code Art. 116

''Parent'' means any living person who is presumed to be a parent under the Civil Code or a biological or adoptive mother or father of a child.

Putative father registry
Rev. Stat. § 9:400

The Department of Health and Hospitals 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 father of the child
  • Any person adjudicated by a court of another State or territory of the United States to be the father 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 father as having, either formally or informally, acknowledged a child born outside of marriage and in which the father is adjudged the parent of the child


Alternate means to establish paternity
Rev. Stat. §§ 9:392; 9:572

Prior to the execution of an acknowledgment of paternity, the notary shall inform the party or parties making the acknowledgment of the following:
  • Either party has the right to request a genetic test to determine if the alleged father is the biological father of the child.
  • The alleged father has the right to consult an attorney before signing an acknowledgment of paternity.
  • If the alleged father does not acknowledge the child, the mother has the right to file a paternity suit to establish paternity.
  • After the alleged father signs an acknowledgment of paternity, he has the right to pursue visitation with the child and the right to petition for custody.
  • Once an acknowledgment of paternity is signed, the father may be obligated to provide support for the child.
  • Once an acknowledgment of paternity 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 in uncontested proceedings to establish paternity, proof may be submitted by affidavit.

Required Information
Rev. Stat. §§ 9:400; 9:392

A person filing a declaration to claim paternity of a child or an acknowledgment of paternity shall include therein his 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 the father and mother, 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 United States Department of Health and Human Services. Failure to recite a party's Social Security number as required herein shall not affect the validity of the declaration.

Revocation of claim to paternity
Rev. Stat. § 9:392

A party who executed an authentic act of acknowledgment may revoke the act, without cause, before the earlier of the following:

  • 60 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 affiant to the authentic act of acknowledgment is a party to the proceeding
Thereafter, the acknowledgment of paternity 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 person who executed the authentic act of acknowledgment is not the biological father.

Access to information
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.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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