§ 9:406 — Revocation of authentic act; with and without cause; procedure

Louisiana § 9:406

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§406. Revocation of authentic act; with and without cause; procedure
A.(1) A person who executed an authentic act of acknowledgment may, without
cause, revoke it within sixty days of the execution of the authentic act of acknowledgment:
(a) Upon the submission of a sworn statement refuting the named father. The state
registrar, office of vital records, shall develop and make available a form and may impose
a fee for the filing of revocation of the authentic act of acknowledgment. This form shall be
filed in a central repository of the office of vital records of the Louisiana Department of
Health within sixty days of the date of the execution of the authentic act of acknowledgment.
The registrar shall send a copy of the revoked acknowledgment to the other party in the
original authentic act of acknowledgment. If the party requesting revocation of the authentic
act of acknowledgment has been served with a petition for support for the child who is the
subject of the act, the party shall also request that the registrar send a copy of the revoked
acknowledgment to the agency charged with implementing a program of family support in
accordance with R.S. 46:236.1.2; or
(b) In a judicial hearing for the limited purpose of revoking the acknowledgment or
declaration; or
(c) In a judicial hearing relating to the child, including a child support proceeding,
wherein the affiant to the authentic act of acknowledgment is a party to the proceeding.
(2) If at any time during the hearing, the court has reasonable cause to believe that
a party to the authentic act of acknowledgment is or was unable to understand the effects of
executing that act, the court shall orally explain to the individual the effects of the execution
and the right to revoke the authentic act of acknowledgment in accordance with this
Subsection, and the right to genetic tests to determine paternity in accordance with the
provisions of R.S. 9:396 in any proceeding relative to the paternity of the child.
B.(1) If the notarial act of acknowledgment has not been revoked within sixty days
in accordance with the provisions of Subsection A of this Section, a person who executed
an authentic act of acknowledgment may petition the court to annul the acknowledgment
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 person is not the biological parent of the
child.
NOTE: Paragraph (B)(2) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(2) The petitioner shall institute the annulment proceeding by ordinary process in a
court of competent jurisdiction upon notice to the other party who executed the notarial act
of acknowledgment and other necessary parties including the office of children and family
services, child support enforcement section of the Department of Children and Family
Services.
NOTE: Paragraph (B)(2) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(2) The petitioner shall institute the annulment proceeding by ordinary process in
a court of competent jurisdiction upon notice to the other party who executed the notarial
act of acknowledgment and other necessary parties including the office of child support,
Department of Children and Family Services.
(3) If the court finds based upon the evidence presented at the hearing that there is
substantial likelihood that fraud, duress, material mistake of fact or error existed in the
execution of the act or that the person who executed the authentic act of acknowledgment
is not the biological father, then, and only then, the court shall order genetic tests pursuant
to R.S. 9:396. Nothing herein shall preclude the petitioner from presenting any other
evidence as a substitute for the genetic tests if it is not possible to conduct such tests.
(4) The test results certified under oath by an authorized representative of an
accredited laboratory shall be filed with the court and shall be admissible on the issue of
paternity pursuant to R.S. 9:397.3. If the test results show a statistical probability of ninety-nine point nine percent or greater, a rebuttable presumption of paternity shall be established.
If the acknowledged father is found to be excluded by the tests, an action seeking support or
an established order of support shall be dismissed and the acknowledgment of paternity shall
be annulled. A judgment dismissing an established order of support does not affect any child
support payment or arrearages paid, due or owing prior to the date the annulment was filed.
(5) The burden of proof in this proceeding shall be upon the party seeking to revoke
the authentic act of acknowledgment. The testimony of the petitioner shall be corroborated
by other evidence.
C.(1) Except for good cause shown, the court shall not suspend during the pendency
of this proceeding any legal obligations, including a support obligation, of the person who
petitions the court to revoke or annul the authentic act of acknowledgment under this
Section.
NOTE: Paragraph (C)(2) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(2) Neither the state of Louisiana, its officers, employees, agents, contractors, nor the
office of children and family services, child support enforcement section of the Department
of Children and Family Services shall be liable to compensate any person for child support
paid or any other costs as a result of the revocation of any authentic act of acknowledgment
or the annulment of any judgment of paternity or support in accordance with this Section.
NOTE: Paragraph (C)(2) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(2) Neither the state of Louisiana, its officers, employees, agents, contractors, nor
the office of child support, Department of Children and Family Services shall be liable to
compensate any person for child support paid or any other costs as a result of the revocation
of any authentic act of acknowledgment or the annulment of any judgment of paternity or
support in accordance with this Section.
D.(1) The revocation of the authentic act of acknowledgment pursuant to Subsection
A of this Section shall not preclude the initiation of a paternity action against any alleged
putative father, or by a man against a mother to establish his paternity.
(2) However, if the voluntary acknowledgment is annulled by order of the court
based upon genetic tests conducted in accordance with Subsection B of this Section which
excluded a person as a parent and an order of support has not been established, no further
action may be initiated against the excluded person.
E.(1) The original form revoking the authentic act of acknowledgment shall be sent
by the person revoking it to the state registrar at the office of vital records of the Louisiana
Department of Health in accordance with the provisions of this Section. If the revocation is
as a result of a judicial hearing, a certified copy of any judgment revoking an authentic act
of acknowledgment shall be sent by the clerk of court to the state registrar at the office of
vital records of the Louisiana Department of Health.
(2) Upon receipt of the form revoking the authentic act of acknowledgment which
was executed and filed with the registrar within the sixty-day period or upon receipt of the
judgment which shows that the voluntary acknowledgment has been revoked at the hearing
which is held no later than the sixtieth day following the execution of the voluntary
acknowledgment, or upon receipt of a certified copy of a judgment with a finding shown
clearly in the judgment that the authentic act of acknowledgment was annulled due to fraud,
duress, material mistake of fact or error that existed in the execution of the act or that the
person who executed the authentic act of acknowledgment is not the biological father, the
registrar shall make the appropriate amendments to the birth record of the child who was the
subject of the order.

Legislative History

Acts 2006, No. 344, §4, eff. June 13, 2006; Acts 2008, No. 533, §1; Acts 2012, No. 255, §2; Acts 2016, No. 309, §2; Acts 2025, No. 477, §4, eff. Oct. 1, 2027.