This section sets when the father’s name must be recorded on a birth certificate and when it must not appear.
§34.5. Original birth certificate; required contents; name of father A. If the child is born to a mother who either is married or was married within three hundred days prior to the birth of the child, the full name of the father shall be recorded in the same manner provided for the recordation of the surname of the child in R.S. 40:34.2(2)(a) and (c), unless otherwise provided by law. B. If the child is born to a mother who neither is married nor was married within three hundred days prior to the birth of the child, the full name of the father who has acknowledged his child by authentic act shall be included on the birth record of the child, but only if the father and mother agree. C. In the case of a child born of a surrogate birth parent as a result of an enforceable gestational carrier contract, as provided in R.S. 9:2720, the full name of the biological father shall be listed as the father. D. In all other cases, the name of the father and other information pertaining to the father shall not appear on the birth certificate and the surname of the child shall be recorded as the maiden name or surname of the mother, at her discretion. NOTE: Subsection (E) eff. until October 1, 2027. See Acts 2025, No. 477. E. Nothing in this Section shall preclude the Department of Children and Family Services, office of children and family services, child support enforcement section from obtaining an admission of paternity from the biological father for submission in a judicial proceeding, or prohibit the issuance of an order in a judicial proceeding which bases a legal finding of paternity on an admission of paternity by the biological father and on any other additional showing required by state law. NOTE: Subsection (E) as amended by Acts 2025, No. 477, eff. October 1, 2027. E. Nothing in this Section shall preclude the Department of Children and Family Services, office of child support from obtaining an admission of paternity from the biological father for submission in a judicial proceeding, or prohibit the issuance of an order in a judicial proceeding which bases a legal finding of paternity on an admission of paternity by the biological father and on any other additional showing required by state law. Acts 2016, No. 434, §3; Acts 2016, No. 494, §2; Acts 2018, No. 21, §1, eff. May 7, 2018.; Acts 2025, No. 477, §12, eff. Oct. 1, 2027.