La. Rev. Stat. § 9:392

A. Prior to the execution of an acknowledgment of paternity, the notary shall apprise in writing and orally, which may include directing them to video or audio presentations, the mother and alleged father making the acknowledgment of the following:

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§392. Acknowledgment; requirements; content

A. Prior to the execution of an acknowledgment of paternity, the notary shall apprise in writing and orally, which may include directing them to video or audio presentations, the mother and alleged father making the acknowledgment of the following:

(1) Either party has the right to request a genetic test to determine if the alleged father is the biological father of the child.

(2) The alleged father has the right to consult an attorney before signing an acknowledgment of paternity.

(3) If the alleged father does not acknowledge the child, the mother has the right to file a paternity suit to establish paternity.

(4) 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.

(5) Once an acknowledgment of paternity is signed, the father may be obligated to provide support for the child.

(6) Once an acknowledgment of paternity is signed, the child will have inheritance rights and any rights afforded children born in wedlock.

(7)(a) An alleged father who executed an authentic act of acknowledgment may revoke the act, without cause, before the earlier of the following:

(i) Sixty days after the signing of the act, in a judicial hearing for the limited purpose of revoking the acknowledgment.

(ii) A judicial hearing relating to the child, including a child support proceeding, wherein the alleged father who executed the authentic act of acknowledgment is a party to the proceeding.

(b) 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 alleged father who executed the authentic act of acknowledgment is not the biological father.

(c) Except for good cause shown, the court shall not suspend any legal responsibilities or obligations, including a support obligation, of the party or parties during the pendency of the proceeding authorized in this Section.

(8) All parties to the action have any other rights and responsibilities which may be afforded by law now or in the future.

B. In addition to the general requirements of the Civil Code, 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) and 42 U.S.C. 666(a)(5)(D), 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.

Acts 1997, No. 1243, §1; Acts 1998, 1st Ex. Sess., No. 6, §1, eff. July 1, 1998; Acts 2004, No. 26, §5; Acts 2006, No. 344, §4, eff. June 13, 2006; Acts 2006, No. 470, §1, eff. June 22, 2006; Acts 2010, No. 173, §1.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 2000–2023 · leading case: Turner v. Busby

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Turner v. Busby (2004) la “R.S. 9:392(7)(b) allows an alleged father to rescind an acknowledgment at any time, where he is not the biological father of the child.”

Jenkins v. Jackson (2017) lactapp “…not to be the legal father of Mark, Jr. She argued that Mr. | fiJenkins’ cause of action was prescribed under La. R.S. 9:392 and 9:406. 7 Ms. Jackson further alleged that the trial court erred in ordering her to reimburse Mr. Jenkins for the costs incurred in obtaining the…”

In re the Succession of Dangerfield (2016) lactapp · cites it 24× “R.S. 9:392, which was enacted after the Mayfield decision in 1987.”

State Ex Rel. Ac v. Md (2011) lactapp · cites it 4× “R.S. 9:392(A), outlining the content and requirements for an acknowledgment of paternity, provided, in pertinent part: (7)(a) A party who executed a notarial act of acknowledgment may rescind the act, without cause, before the earlier of the following: (i) Sixty days after the…”

State, Department of Social Services, Office of Family Support Ex Rel. K.B.D. v. Drew (2011) lactapp · cites it 4× “R.S. 9:392, or it is a subsequent signing of a *1015 birth certificate acknowledging paternity of a child born illegitimately, see La.”

Bruce v. Bruce (2013) lactapp · cites it 7× “9:406, LSA-R.S. 9:392 provided, in pertinent part: A.”

Steven Marcus Kelley v. Jeannie Marie Kelley (Now Jenkins), Andrea Gail Kelley, and Hannah Grace Kelley (2023) lactapp · cites it 4× “R.S. 9:392. Steven asserts that the reason he formally acknowledged each child was to give them his last name.”

State v. A.Z. (2013) lactapp · cites it 2× “R.S. 9:392(A)(7)(b) and the subsequently enacted La.”

Turner v. Busby (2003) lactapp · cites it 2× “…illegitimate children, niay be contested by those who have any interest therein. | ¿La. R.S. 9:392, in pertinent part: A. Prior to the execution of a declaration of acknowledgment pursuant to Civil Code Article 203, the notary shall provide in writing, and orally or by…”

Faucheux v. Faucheux (2000) lactapp “R.S. 9:392(7) provides: (7)(a) A party who executed a notarial act of acknowledgment may rescind the act, without cause, before the earlier of the following: (i) Sixty days after the signing of the act, in a judicial hearing for the limited purpose of rescinding the…”

— La. Rev. Stat. § 9:392(7) — 1 case

— La. Rev. Stat. § 9:392(7)(b) — 1 case

Turner v. Busby (2004) la “R.S. 9:392(7)(b) allows an alleged father to rescind an acknowledgment at any time, where he is not the biological father of the child.”

— La. Rev. Stat. § 9:392(A) — 2 cases

In re the Succession of Dangerfield (2016) lactapp “R.S. 9:392, which was enacted after the Mayfield decision in 1987.”

State Ex Rel. Ac v. Md (2011) lactapp “R.S. 9:392(A), outlining the content and requirements for an acknowledgment of paternity, provided, in pertinent part: (7)(a) A party who executed a notarial act of acknowledgment may rescind the act, without cause, before the earlier of the following: (i) Sixty days after the…”

— La. Rev. Stat. § 9:392(A)(1) — 1 case

Steven Marcus Kelley v. Jeannie Marie Kelley (Now Jenkins), Andrea Gail Kelley, and Hannah Grace Kelley (2023) lactapp “R.S. 9:392. Steven asserts that the reason he formally acknowledged each child was to give them his last name.”

— La. Rev. Stat. § 9:392(A)(7) — 2 cases

Turner v. Busby (2003) lactapp “…illegitimate children, niay be contested by those who have any interest therein. | ¿La. R.S. 9:392, in pertinent part: A. Prior to the execution of a declaration of acknowledgment pursuant to Civil Code Article 203, the notary shall provide in writing, and orally or by…”

— La. Rev. Stat. § 9:392(A)(7)(b) — 5 cases

Bruce v. Bruce (2013) lactapp “9:406, LSA-R.S. 9:392 provided, in pertinent part: A.”

State, Department of Social Services, Office of Family Support Ex Rel. K.B.D. v. Drew (2011) lactapp “R.S. 9:392, or it is a subsequent signing of a *1015 birth certificate acknowledging paternity of a child born illegitimately, see La.”

State v. A.Z. (2013) lactapp “R.S. 9:392(A)(7)(b) and the subsequently enacted La.”

— La. Rev. Stat. § 9:392(B) — 1 case

In re the Succession of Dangerfield (2016) lactapp “R.S. 9:392, which was enacted after the Mayfield decision in 1987.”

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