How do I establish paternity in Louisiana?

Louisiana's civilian system uses 'filiation' rather than 'paternity,' codified in La. Civ. Code arts. 184-211 and La. R.S. 9:391.1 et seq.

1. Acknowledgment of Paternity Affidavit

Form PHS 7 is signed by both parents in the presence of a notary at the birthing hospital, or later through any registrar, parish health unit, or DCFS Child Support Enforcement office, and filed with the Louisiana Vital Records Registry. Under La. R.S. 9:392(A) the acknowledgment creates a legal presumption of paternity and is admissible as evidence of paternity; an authentic act of acknowledgment under Civ. Code art. 196 produces full legal effects. Under La. R.S. 9:392(A)(7) either party may rescind within the earlier of 60 days or the date of a judicial hearing. After that, an action to revoke is allowed only for fraud, duress, or material error within 2 years (La. R.S. 9:392(B)).

2. Court-Ordered Paternity

A filiation action under La. Civ. Code art. 197 may be filed by the child (no prescription) or, for purposes of support, by the alleged father, mother, or DCFS in the district court. Under La. R.S. 9:396 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion; a 99.9% probability creates a rebuttable presumption (La. R.S. 9:397.3).

3. Presumption of Paternity (Filiation by Marriage)

Under La. Civ. Code art. 185 the husband of the mother is presumed the father of a child born during the marriage or within 300 days from its termination. A disavowal action under art. 187 must be filed within 1 year from the date the husband learns or should have learned of the birth (art. 189).

4. Effects of Establishing Filiation

Triggers child support under La. R.S. 9:315, opens custody and visitation under La. Civ. Code art. 131 et seq., vests forced-heirship and intestate succession rights under La. Civ. Code art. 870 et seq. and art. 1493, and supports a birth-certificate amendment through Louisiana Vital Records (PHS 7B).

5. Special Situations

Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage is recognized under La. R.S. 9:121. Louisiana permits gestational surrogacy under La. R.S. 9:2718 et seq. for married couples using their own gametes. Louisiana has the dual-paternity doctrine — a child may have both a biological and a legal (presumed) father.

This is legal information, not legal advice.