Paternity

Paternity is a legal issue that refers to the legal and biological relationship between a father and child. It involves establishing the identity of the biological father of the child and determining his legal rights and responsibilities towards the child. 

Establishing paternity is important for a variety of reasons including: 

• Identity: It is important for all of us to know who we are. Children have a right to know both parents. 
• Medical: Children may benefit by knowing their medical history, as children sometimes inherit health problems that can be treated better if the doctor knows both parents' medical histories. 
• Support: Children have the right to be supported by both parents. Children who are supported by only one parent often need help with more money to meet their needs. 
• Benefits: Acknowledged children may also have the right to other benefits including Social Security, Veteran's benefits, and medical insurance. 
• Inheritance: Children should have the right to inherit from both parents. 

Paternity can be established through a voluntary acknowledgment of paternity signed by both parents, a court order that may require genetic testing to determine the biological father, or in some cases, by a presumption of paternity (such as when the parents are married at the time of the child's birth).

Establishing paternity gives the father legal rights and responsibilities towards the child, such as the right to seek custody or visitation, and the responsibility to provide financial support.

Disputes over paternity can arise when there is uncertainty about the identity of the biological father. In such cases, legal action may be required to determine paternity through genetic testing and other means. If either parent is unsure who the father is, a paternity test should be requested to determine if the alleged father is the biological father of the child. 

There are several parties who can establish paternity, including: 

1. The child's mother: A mother can establish paternity by naming the father on the child's birth certificate or through a voluntary acknowledgment of paternity.

2. The alleged father: An alleged father can establish paternity by signing a voluntary acknowledgment of paternity or by seeking a court order for paternity testing.

3. The Louisiana Department of Children and Family Services (DCFS): If the mother or alleged father is receiving certain public assistance benefits, the DCFS may take action to establish paternity and pursue child support.

4. The court: A court can establish paternity through a paternity suit, which may be initiated by the mother, the alleged father, or the DCFS.

In Louisiana, a man is presumed to be the father of a child if he is married to the child's mother at the time of the child's birth or within 300 days before the child's birth. A man may also be presumed to be the father of the child if it is within 300 days after a judgment of divorce. This presumption is known as the "marital presumption of paternity."

However, this presumption can be challenged or rebutted through legal action. A presumed father may disavow paternity by showing clear and convincing evidence that he is not the father. The father only has one year from the birth of the child (or one year from the day he knew or should have known that he was not the biological father, whichever occurs later) to file a disavowal case with the court. Once the presumed father has disavowed paternity, a man can establish paternity by formal acknowledgment. 

It is important to note that even if a man is not the biological father of a child, he may still have legal obligations and responsibilities if he is deemed the legal father under Louisiana law.

For children born outside of marriage, there is no presumption of paternity. Under Louisiana law, when a child is born to an unmarried woman, she is the only legally recognized parent. This is true even if the mother and father are living together, or are in a committed relationship. Paternity has to be established. 

Louisiana law provides a way for a man to establish legal paternity of a child born outside of marriage. A man may voluntarily acknowledge the paternity of the child by signing a written acknowledgment of paternity, which is a legal document that identifies him as the child's father. This acknowledgment may be signed at the hospital when the child is born or at any time thereafter. The mother of the child must also sign the acknowledgment.

If there is a dispute over paternity, legal action may be necessary to establish paternity. The mother or the man alleged to be the father may file a paternity suit to establish legal paternity. In such cases, DNA testing and other evidence may be used to determine whether the man is the biological father of the child.

The genetic, or DNA, test samples are collected and sent to a laboratory. The test compares many different details of the child's sample with similar details in the man's sample and the mother's sample.

The paternity test will show if a man is NOT the biological father of a child. Or the test can show that it is at least 99.9% certain, that a man is the biological father of the child.

The parents may make private arrangements with the hospital or a paternity testing laboratory. If either parent receives help from Child Support Enforcement, the state pays for the test. The court may order the father to repay the cost of the paternity testing if paternity is established.