A new authentic act?
We always learned that the husband of the mother is the father of the child. That presumption can now be changed by a three party agreement in the form of an authentic act.
What happens when a woman gives birth to a child fathered by a man other than her husband or previous husband who is presumed to be the father of the child? In years past the presumed father could be cast with child support and other obligations for a child that was not biologically his. This can now be changed by contract in a three party agreement.
Three-Party Acknowledgment of Paternity - Acts 2018, No. 21 (House Bill No. 147; Sponsored by Representative Dwight on Recommendation of the Louisiana State Law Institute; Approved by the Governor on May 7, 2018)
Act 21 enacts Civil Code article 190.1 and La. R.S. 40:34.5.1 and 34.5.2, amends Sections La. R.S. 40:34.2, 34.5 and 46.4, and repeals La. R.S. 40:46.9.
Under Civil Code article 190.1, as enacted, if blood or tissue sampling indicates by a 99.9% probability that a man is the biological father of a child and he is not the husband or former husband presumed to be the father, then the husband or former husband presumed to be the father, the mother and the biological father may execute a three-party acknowledgment in authentic form declaring that:
The husband or former husband is not the father of the child; and
The biological father is the father of the child.
Upon the execution of the three-party acknowledgment, the husband or former husband will not be presumed to be the father of the child. The biological father will be presumed to be the father.
Section 34.5.2 of Title 40 of the Revised Statutes directs the Louisiana Department of Health to develop a form for a three-party acknowledgment, as well as a notice regarding the consequences of executing the form.
