Louisiana Legal DNA Testing Laws & Statutes

Louisiana Legal DNA Paternity Testing Laws & Statutes:

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According to the Laws of Louisiana and paternity statute 397.3

921 KAR 1:390. Child Support Enforcement Program paternity establishment.

Chapter 4. PATERNITY LITIGATION

4.1 VOLUNTARY ACKNOWLEDGMENT OF PATERNITY4.2 GENETIC TESTING AND DISESTABLISHMENT OF PATERNITY4.3 UNIFORM PARENTAGE ACT4.4 DISESTABLISHING PATERNITY OF OUT-OF-WEDLOCK CHILDREN4.5 RECENT PATERNITY DECISIONS4.6 BIOLOGICAL FATHER'S INTEREST (PRESUMPTIONS OF PATERNITY)

4.1. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
The Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, 107 Stat. 312, required all States to adopt an in-hospital, voluntary acknowledgment process. This requirement was then expanded and modified by the PRWORA (Pub. L. 104-193, 110 Stat.2105, as subsequently amended by the Balanced Budget Act of 1997). PRWORA amended 42 U.S.C. §666 (a)(5), requiring States to enact specific laws and procedures related to establishing paternity as a condition to receive Federal funding.

In addition to the basic requirement that voluntary acknowledgments must automatically become legal findings of parentage unless withdrawn, States are required:
1. to give full faith and credit to paternity affidavits signed in another State according to its procedures;
2. to bar judicial or administrative proceedings to ratify an unchallenged acknowledgment of paternity; and
3.to enter a default order in a paternity case upon a showing of service of process on the defendant and any additional showing required by State law.

Both the mother and the biological father must sign a voluntary acknowledgment of paternity. However, either signatory may rescind his/her acknowledgment within the earlier of 60 days or the date of an administrative or judicial proceeding to establish a support order in which the signatory is a party. After this period, proceedings to contest these findings must be in court and are limited to fraud, duress, or material mistake of fact. The burden of proof is on the person challenging the acknowledgment and the court cannot stay the support obligation of a signatory during the contest.

The PRWORA acknowledgment provisions are not limited to children born out of wedlock. Some commentators have raised concern that a potential conflict exists between § 666(a)(5)(C)(iv) (requiring full faith and credit of acknowledgments) and § 666(a)(11) (wherein full faith and credit must be given to determinations of paternity, including those that arise by operation of law in some States where a child is born during wedlock).

4.2. GENETIC TESTING AND DISESTABLISHMENT OF PATERNITY
Genetic testing advances PRWORA's goal of ensuring that noncustodial parents provide financial support for their children,[10] making it possible to determine a child's paternity quickly, inexpensively, and accurately. Courts and child support agencies use genetic test results to establish paternity for thousands of out-of-wedlock children each year, making it possible for them to secure financial and medical support and establish rights of inheritance or eligibility for social security benefits. Widespread availability of inexpensive and reliable genetic tests streamlines paternity establishment by reducing the need for extensive fact finding and minimizing drawn-out litigation. This helps States establish support orders for more children and ensure that the obligor really is the child's biological father. [More]