RS 9:397.3
This section sets rules for filing, notice, challenge, and court treatment of test reports in paternity cases.
- Paternity testing
- Test evidence
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This section sets rules for filing, notice, challenge, and court treatment of test reports in paternity cases.
This section says how tests and expert compensation work in criminal cases, and gives the court limited authority to direct an acquittal.
In paternity cases, the court must award attorney's fees and costs to the prevailing party when judgment is for the party seeking to establish paternity, unless good cause is shown.
Certain fathers may ask a court for blood or tissue testing before filing a filiation or disavowal action.
A court must order interim child support in a paternity proceeding when there is clear and convincing evidence of paternity and a party moves for it.
This section lets certain people ask a court to set aside or vacate a paternity judgment, but only within a two-year filing period and under stated procedures.
A biological mother may sue the biological father to recover half of documented out-of-pocket pregnancy-related medical expenses, if acknowledgment or paternity proof requirements are met.
The public health office must maintain a putative father registry, keep listed names and addresses, and control disclosure of that information.
Section 9:400.1 was repealed.
In a disavowal action, the person presumed to be the father must be joined as a party and served with process.
A judgment of disavowal ends certain custody, visitation, and child-support orders, but it does not undo child-support payments or arrearages already paid, due, or owed before the disavowal action was filed.
A three-party acknowledgment ends the husband’s or former husband’s child support obligation and cancels any court order enforcing it.
This section says the mother is the proper plaintiff in the contestation action, the hearing may be closed to the public, and certain child-custody, visitation, support, and appeal rules apply.
Civil Code Article 198’s peremptive periods apply to the Department of Children and Family Services when it provides services under 42 U.S.C. 666.
An acknowledgment of paternity by authentic act counts as a legal finding of paternity and can establish child support and visitation without a paternity judgment.
A person who signed an acknowledgment may revoke it within 60 days, or later seek annulment only on specific proof; the registrar, court, and clerk have related filing, notice, testing, explanation, and record-amendment duties.
A court with jurisdiction may adopt a local rule allowing affidavit proof in uncontested paternity proceedings.
In a filiation or paternity proceeding, the child's mother, the presumed father under Civil Code Article 185, and the biological father if known must be joined, unless an exception applies.
Before a filiation judgment that orders a birth-certificate amendment, the mover must send the pleadings and proposed judgment to the state registrar.
A filiation action under Civil Code Article 197 is treated as a civil action in an ordinary proceeding.
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