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The Louisiana Paternity form is a crucial legal document that establishes the relationship between a father and his child, particularly in situations where the mother is married to someone else. This form is officially known as the Acknowledgment of Paternity Affidavit and is designed to ensure that the biological father's name appears on the child's birth certificate, thereby granting him legal recognition as the father. Before signing, both parents must read and initial the Notice of Alternatives, Rights, and Responsibilities, which outlines the implications of signing the affidavit. The form requires comprehensive information about the child, the mother, and the father, including names, dates of birth, and addresses. It also addresses the mother's marital status at the time of conception and birth, and if she was married, it necessitates the consent of her husband or ex-husband. The affidavit carries significant legal weight, functioning similarly to a court order for establishing paternity and can be pivotal in matters of child support and custody. Understanding the rights and responsibilities that come with this acknowledgment is essential, as it impacts the child's inheritance rights and access to benefits. Therefore, it is advisable for both parties to consult with a legal professional before proceeding.

Louisiana Paternity Example

STATE OF LOUISIANA

ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT

CHILD BORN OF MARRIAGE

NOTICE: You must read and initial the NOTICE OF ALTERNATIVES, RIGHTS AND RESPONSIBILITIES before you sign the affidavit.

 

 

 

SECTION I. CHILD'S INFORMATION

 

 

 

 

 

This is a legal document. Complete in ink and do not alter.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Child - First, Middle, Last (As it appears on birth certificate)

 

 

 

Date of Birth - (Month, Day, Year)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Place of Birth - City, State

 

 

 

 

 

 

 

Name of Hospital

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Child - First, Middle, Last (As the parents want it to appear on birth certificate)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION II. MOTHER'S INFORMATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

husband.-

 

 

Name of Mother - First, Middle, Last

 

 

 

 

 

(Maiden Name)

 

Date of Birth - (Month, Day, Year)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mother's Address

 

 

 

 

 

 

 

 

 

 

 

Mother's Phone Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ex

 

 

Mother's Place of Birth - City, State

 

 

 

Race (Circle) American Indian, Black, White, Asian

 

Mother's Social Security Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If Other, List:

 

 

 

 

 

 

 

 

 

Husband/&

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Circle One:

Yes

No

 

 

 

 

 

 

Mother's Occupation

 

 

 

 

 

 

 

Mother's Employer - Name & Address

 

 

 

 

 

 

 

 

 

 

 

 

 

Was Mother Married at Time of Birth

If Yes, Name and Address of Husband

 

 

 

 

 

 

 

Father

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Does Mother Have Health Insurance

If Yes, Name of Insurance Company and Policy No.

 

State Medicaid:

 

 

 

 

 

Circle One:

Yes

No

 

 

 

 

 

 

 

Circle One:

 

Yes

No

 

Mother,

 

 

SECTION III. FATHER'S INFORMATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Father - First, Middle, Last

 

 

 

 

 

 

 

Date of Birth - (Month, Day, Year)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Support,

 

 

Father's Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Father's Phone Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Father's Place of Birth - City, State

 

 

 

Race (Circle) American Indian, Black, White, Asian

 

Father's Social Security Number

 

 

 

 

 

 

 

 

 

 

 

Childto

 

 

 

 

 

 

 

 

 

 

 

 

 

If Other, List:

 

 

 

 

 

 

 

 

 

 

 

Father's Employer - Name & Address

 

 

 

 

 

 

Father's Occupation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copies

 

 

Father's Guardian (If Father under age 18) Print Name

Guardian's Address

 

 

Guardian's Signature

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Does Father Have Health Insurance

If Yes, Name of Insurance Company and Policy No.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Records,

 

 

Circle One:

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

name appear on the Certificate of Birth of my child. I declare and affirm that I lived separate and apart from the legal presumptive father for a

minimum of one hundred

 

 

 

 

MOTHER: I certify that I am the MOTHER of the child named above and that all statements made herein are true and correct to the best

of my knowledge. I am

 

 

 

 

signing this Affidavit voluntarily and of my own free will. I acknowledge that the man named above is the biological father of my child. I give my consent to have his

Vital

 

and eighty days prior to the time of conception and have not reconciled since the beginning of the one hundred and eighty-day period.. I further acknowledge that I

 

have received oral and written notice of the legal rights and consequences resulting from my acknowledging the paternity of my child and I understand this notice.

 

 

of

__________________________________________

 

 

 

___________________________________________

 

 

 

 

Registrar

 

MOTHER'S SIGNATURE

 

 

 

 

 

 

 

DATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WITNESS ____________________________________

 

 

 

WITNESS _____________________________________

 

 

 

 

to

 

State of Louisiana, Parish of _____________________________________

______________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature then PRINT name of Notary

 

 

 

 

Original

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signed and Affirmed before me on the

 

 

day of

___________________________

_______________________

 

 

 

 

 

 

,

 

.

 

 

 

 

 

State Notary Registration Number

 

My Commission expires on

 

 

COPIES:

 

 

 

 

 

 

 

 

FATHER: I certify that I am the biological FATHER of the child named above and that all statements made herein are true and correct to the best of my knowledge. I

 

am signing this Affidavit voluntarily and of my own free will. I acknowledge that I have received oral and written notice of the legal rights and consequences resulting

 

 

 

 

 

 

 

 

from my acknowledging the paternity of my child and I understand this notice.

 

 

 

 

 

 

 

 

 

OF

__________________________________________

 

 

 

___________________________________________

 

 

 

 

 

FATHER'S SIGNATURE

 

 

 

 

 

 

 

DATE

 

 

 

 

 

 

 

DISTRIBUTION

__________________________________________

 

 

 

___________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GUARDIAN'S SIGNATURE (If Father under age 18)

 

 

 

 

DATE

 

 

 

 

 

 

 

 

 

 

 

WITNESS ____________________________________

 

 

 

WITNESS _____________________________________

 

 

 

 

 

 

 

 

State of Louisiana, Parish of _____________________________________

______________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature then PRINT name of Notary

 

 

 

 

 

 

 

 

Signed and Affirmed before me on the

 

 

day of

___________________________

_______________________

 

 

 

 

 

 

,

 

.

 

 

 

 

 

State Notary Registration Number

 

My Commission expires on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HUSBAND/EX-HUSBAND OF THE MOTHER: I certify that I was married to the mother of this child at the time of conception or birth; however, I am not the biological

 

 

 

 

father. Further, I declare and affirm that I lived separate and apart from the mother for a minimum of one hundred and eighty days prior to the time of conception and

 

 

 

 

have not reconciled with her since the beginning of the one hundred and eighty-day period.

 

 

 

 

 

 

 

 

 

 

__________________________________________

 

 

 

___________________________________________

 

 

 

 

 

 

 

 

HUSBANS/EX-HUSBAN'S SIGNATURE

 

 

 

 

DATE

 

 

 

 

 

 

 

 

 

 

 

WITNESS ____________________________________

 

 

 

WITNESS _____________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State of Louisiana, Parish of _____________________________________

______________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature then PRINT name of Notary

 

 

 

 

 

 

 

 

Signed and Affirmed before me on the

 

 

day of

___________________________

_______________________

 

 

 

 

 

 

 

,

 

 

.

 

 

 

 

 

State Notary Registration Number

 

My Commission expires on

 

 

Page 1 of 2

VRR-44 3-P 05/10

NOTICE OF ALTERNATIVES, RIGHTS AND RESPONSIBILITIES

This is a legal document. Signing the form is voluntary. Since this form has legal consequences, you may want to consult an attorney before signing.

When this Acknowledgement is properly completed and signed, the biological father's name is entered on the birth certificate in place of the name of the husband of the mother and the man becomes the legal father of the child. This acknowledgement has the same effect as a court order establishing paternity and can be used as a basis for entering a child support order.

If either of you is not sure that this man is the biological father of this child, you should not sign the form. You should have a genetic test.

Mothers who are married to someone other than the biological father or were married to someone other than the father when the child was conceived, or have been divorced for less than three hundred days must have the agreement of their husband/ex-husband to execute this affidavit. Further, the use of this affidavit is limited to cases where the husband and the mother lived separate and apart continuously for a minimum of one hundred and eighty days prior to the conception of the child and have not reconciled since the beginning of the one hundred eighty-day period. If the agreement of the husband cannot be obtained or if the couple cannot meet the statutory requirements, this affidavit cannot be used. In order for the biological father's name to be added to the birth certificate, a court must establish paternity in accordance with R.S.40:34B.(1)(a)(vii)

RIGHTS AND RESPONSIBLITIES OF A PARENT

Either party has the right to request a genetic test to determine if the alleged father is the biological father of the child.

The alleged father has the right to consult an attorney before signing an acknowledgement of paternity.

If the alleged father does not acknowledge the child, the mother has the right to file a paternity suit to establish paternity. After the alleged father signs an acknowledgement of paternity, he has the right to pursue visitation with the child and the

right to petition for custody.

Once an acknowledgement of paternity is signed, the father may be obligated to provide child support for the child.

Once an acknowledgement of paternity is signed, the child will have inheritance rights and any rights afforded children born

in wedlock.

A party who executed a notarial act of acknowledgement may rescind the act, without cause, before the earlier of the

following:

-Sixty days after the signing of the act, in a court hearing for the limited purpose of rescinding the acknowledgment.

-A court hearing relating to the child, including a child support proceeding, in which the father is involved.

Thereafter, the acknowledgement of paternity may be voided only upon proof, by clear and convincing evidence, that such act was induced by fraud, duress, or material mistake of fact, or that the father is not the biological father.

BENEFITS FOR YOUR CHILD

Every child has the right to know his or her mother and father and benefit from a relationship with both parents.

Both of your names will appear on the child's birth certificate.

It will be easier for your child to learn medical histories of both parents and to benefit from health care coverage available to you.

It will be easier for your child to receive benefits such as dependent or survivor's benefits from the Veteran's Administration or from the Social Security Administration as well as share any estate should you die.

To indicate that you have read and understood this notice of alternatives, rights and responsibilities, please initial below. If you require further assistance you may call us at (504) 593 - 5100.

Mother’s Initials ________________________

Father’s Initials ________________________

VRR-44 3-P (05/10)

Page 2 of 2

Documents used along the form

The Louisiana Paternity form is an important document for establishing legal paternity. However, several other forms and documents often accompany it to ensure a comprehensive understanding of rights and responsibilities related to paternity. Below is a list of these documents, along with a brief description of each.

  • Notice of Alternatives, Rights and Responsibilities: This document outlines the rights and responsibilities of both parents regarding paternity acknowledgment. It informs them about the implications of signing the paternity form and their options for genetic testing.
  • Child Support Guidelines: This form provides information about child support obligations. It explains how child support amounts are determined and the factors that influence these calculations.
  • Genetic Testing Request Form: If there is uncertainty about paternity, this form can be used to request genetic testing. It outlines the process and requirements for establishing biological relationships.
  • Paternity Suit Petition: In cases where paternity is disputed, this legal document allows a mother or alleged father to formally request a court to establish paternity.
  • Child Custody Agreement: This document outlines the arrangements for child custody and visitation rights between the parents. It addresses how decisions regarding the child will be made and the time each parent will spend with the child.
  • Health Insurance Information Form: This form collects details about health insurance coverage for the child. It is essential for ensuring that the child has access to necessary medical care.
  • Birth Certificate Application: After paternity is established, this application is used to officially register the child's birth and include the father's name on the birth certificate.
  • Notice to Quit Form: When landlords need to inform tenants about vacating the property, the official Notice to Quit guidelines provide essential legal information for compliance.
  • Affidavit of Support: This document may be required to show financial support for the child. It outlines the obligations of the father regarding financial contributions to the child's upbringing.
  • Notary Acknowledgment Form: This form is often required to verify the identities of the individuals signing the paternity acknowledgment. It ensures that the signatures are legally binding and witnessed.

Understanding these accompanying documents is crucial for both parents as they navigate the legal process of establishing paternity. Each form plays a significant role in ensuring the rights and responsibilities of both parents are clearly defined and upheld.

Key takeaways

Filling out the Louisiana Paternity form is an important step in establishing legal parentage. Here are some key takeaways to consider:

  • Read the Notice: Before signing, review the "Notice of Alternatives, Rights and Responsibilities" thoroughly and initial it.
  • Accurate Information: Complete the form in ink without altering any information. Ensure all details are correct, especially the child's name as it appears on the birth certificate.
  • Child's Details: Provide the child's full name, date of birth, and place of birth, including the hospital's name.
  • Mother's Information: Fill in the mother's full name (including maiden name), date of birth, and contact information. This section also requires details about her marital status at the time of birth.
  • Father's Information: Include the father's full name, date of birth, and contact information. If the father is under 18, a guardian's details must also be included.
  • Health Insurance: Indicate whether the mother and father have health insurance. If so, provide the insurance company name and policy number.
  • Signature Requirement: Both parents must sign the affidavit voluntarily, confirming that they understand their rights and responsibilities.
  • Legal Consequences: Signing the form has legal implications, including the father being recognized as the legal parent and responsible for child support.
  • Consult an Attorney: It may be beneficial to consult with an attorney before signing to understand the legal ramifications fully.
  • Rescission of Acknowledgment: The acknowledgment can be rescinded within 60 days or during a court hearing, but after that, it can only be voided under specific circumstances.

Understanding these points will help ensure that the process of establishing paternity is handled correctly and effectively.