Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:397.2 (2026)

Chain of custody of blood or tissue samples

✓ current as of May 2026
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§397.2.  Chain of custody of blood or tissue samples

The chain of custody of blood or tissue samples taken under this Part may be established if documentation of the chain of custody is submitted with the expert's report and if such documentation was made at or near the time of the chain of custody and was made in the course of regularly conducted business activity.

Acts 1972, No. 521, §4; Acts 1985, No. 38, §1; Acts 1992, No. 407, §1; Acts 1999, No. 1127, §1.

Notes of Decisions
Cited in 25 cases, 1980–2014 · leading case: Richardson v. Richardson, 974 So. 2d 761 (La. Ct. App. 2007).
Richardson v. Richardson, 974 So. 2d 761 (La. Ct. App. 2007). · cites it 6× “1 enables a court in a child custody or visitation proceeding to order a party to submit to drug testing, and states that "[t]he provisions of R.S. 9:397.2 and 397.3 shall govern the admissibility of the drug test results.”
Jones v. Thibodeaux, 445 So. 2d 44 (La. Ct. App. 1984). · cites it 2× “R.S. 9:397.2, provides for the effect of the test results and states, in part, if the experts conclude that the blood tests show the possibility of the alleged father's paternity, that admission of this evidence is within the discretion of the court, depending upon the…”
State Through Dept. of Health & Human Resources v. Smith, 459 So. 2d 146 (La. Ct. App. 1984). · cites it 2× “The court of appeal answered that "LRS 9:397.2 provides for the effect of the test results and states in part, if the experts conclude that the blood tests show the possibility of the alleged father's paternity, that admission of this evidence is within the discretion of the…”
McGowan v. Poche, 393 So. 2d 278 (La. Ct. App. 1980). “" The effect of the blood tests is specified in LSA-R.S. 9:397.2 "If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be…”
Patterson v. Johnson, 509 So. 2d 35 (La. Ct. App. 1987). “LSA-R.S. 9:397.2 provides: The chain of custody of blood samples taken under this Part may be established by affidavit if verified documentation of the chain of custody is submitted with the expert's report and if such documentation was made at or near the time of the chain of…”
Mills v. Mills, 626 So. 2d 1230 (La. Ct. App. 1993). “2 states: "The chain of custody of blood or tissue samples taken under this Part may be established by affidavit if verified documentation of the chain of custody is submitted with the expert's report and if such documentation was made at or near the time of the chain of custody…”
State in Interest of Bankston v. Davis, 521 So. 2d 575 (La. Ct. App. 1988). · cites it 3× “Barwick, the section dealing with chain of custody, and all of the other statements contained in the report as detailed earlier in this opinion, meets the chain of custody requirements of LSA-R.”
Rigaud v. Deruise, 539 So. 2d 979 (La. Ct. App. 1989). · cites it 2× “LSA-R.S. 9:397.2 provides: The chain of custody of blood samples taken under this Part may be established by affidavit if verified documentation of the chain of custody is submitted with the expert's report and if such documentation was made at or near the time of the chain of…”
State v. W.A.S., 629 So. 2d 1209 (La. Ct. App. 1993). · cites it 3× “R.S. 9:397.2, which provides: The chain of custody of blood or tissue samples taken under this Part may be established by affidavit if verified documentation of the chain of custody is submitted with the expert’s report and if such documentation was made at or near the time of…”
L.R.F. v. A.A., 133 So. 3d 716 (La. Ct. App. 2014). “R.S. 9:397.2 et seq. On March 13, 2013, the trial judge heard and granted A.”
State ex rel. Handler v. Stanford, 590 So. 2d 748 (La. Ct. App. 1991). “LSA-R.S. 9:397.2 provides for proof of the chain of custody of the blood samples to meet the requirements for the admissibility of the blood tests results.”
State v. Simien, 677 So. 2d 1138 (La. Ct. App. 1996). “R.S. 9:397.2: The chain of custody of blood or tissue samples taken under this Part may be established by affidavit if verified documentation of the chain of custody is submitted with the expert's report and if verified documentation of the chain of custody is submitted with the…”
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