Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:404 (2026)

The peremptive periods in Civil Code Article 198 shall apply to the Department of Children and Family Services when providing services in accordance with 42 U.S.C. 666.

✓ current as of May 2026

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§404. Father's paternity action; time period; exception

The peremptive periods in Civil Code Article 198 shall apply to the Department of Children and Family Services when providing services in accordance with 42 U.S.C. 666.

Acts 2006, No. 344, §4, eff. June 13, 2006.

Notes of Decisions

Cited in 11 cases, 1976–1990 · leading case: Collins v. Div. of Foster Care, Etc., 377 So. 2d 1266 (La. Ct. App. 1979).

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Collins v. Div. of Foster Care, Etc., 377 So. 2d 1266 (La. Ct. App. 1979). · cites it 10× “9:402, terminates all parental rights under the express terms of R.S. 9:404. On appeal plaintiff's sole assignment of error is the unconstitutionality of R.”

In Re Adoption of BGS, 556 So. 2d 545 (La. 1990). “R.S. 9:404, provided that a surrender by the mother terminated all parental rights only as to children born out of wedlock who had not been "formally acknowledged or legitimated by the father.”

State in Matter of Adoption of SRP, 555 So. 2d 612 (La. Ct. App. 1989). · cites it 2× “Under the specific provisions of LSA-R.S. 9:404, the voluntary surrender of such a child by the mother "terminates all parental rights except those pertaining to property.”

Golz v. Child.'s Bureau of New Orleans, Inc., 326 So. 2d 865 (La. 1976). “That section provides: "A surrender by the mother of a child born out of wedlock who has not been formally acknowledged or legitimated by the father terminates all parental rights except those pertaining to property.”

Deville v. LaGrange, 388 So. 2d 696 (La. 1980). “*699 R.S. 9:404 terminates all parental rights when the mother voluntarily surrenders an illegitimate child who has never been formally acknowledged or legitimated by the natural father.”

State in Interest of Johnson, 465 So. 2d 134 (La. Ct. App. 1985). “R.S. 9:404. The child is thus freed for adoption.”

In Re Martin, 357 So. 2d 893 (La. Ct. App. 1978). “LSA-R.S. 9:404. See Golz v. Children's Bureau of New Orleans, Inc.”

In Re Rlv, 484 So. 2d 206 (La. Ct. App. 1986). “R.S. 9:404, which is located in Part II of Title 9, under the heading "Voluntary Surrender and Abandonment of Children.”

State ex rel. Little Boy, 473 So. 2d 858 (La. Ct. App. 1985). · cites it 2× “According to DHHR, the natural father’s rights are also terminated under LSA-R.S. 9:404, when the natural father has neither formally acknowledged nor legitimated the child, and there is a decree of abandonment against the mother.”

Tripp v. Jurls, 559 So. 2d 514 (La. Ct. App. 1990). “LSA-R.S. 9:404; Rodden v. Davis, 293 So.2d 578 (La.”

State ex rel. M.T. v. D.T., 447 So. 2d 97 (La. Ct. App. 1984). · cites it 2× “R.S. 9:404 provides: “A surrender by the mother of a child born out of wedlock who has not been formally acknowledged or legitimated by the father terminates all parental rights except those pertaining to property.”

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