Louisiana § 40:34.5 Original birth certificate; required contents; name of father

Louisiana Statutes

§ 40:34.5 — Original birth certificate; required contents; name of father

Louisiana § 40:34.5

Title 40Public Health and Safety

This text of Louisiana § 40:34.5 (Original birth certificate; required contents; name of father) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

La. Stat. Ann. § 40:34.5 (2026).

Text

§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

Free access — add to your briefcase to read the full text and ask questions with AI

§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.