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How to Establish Paternity in Louisiana

Reviewed by DocDraft Legal Team · Louisiana · Last updated 2026-09-12

In Louisiana, establishing paternity is part of filiation, the civil-law process of legally linking a child to a parent so the child gains rights to support, custody and visitation, health coverage, inheritance, and benefits. Louisiana's rules come from the Civil Code, not a uniform paternity act, and they use distinctive terms. The husband of the mother is presumed to be the father of a child born during the marriage or within 300 days from its termination (La. Civ. Code art. 185). A man who is not married to the mother can acknowledge a child not already filiated to another man by authentic act, which creates a presumption of his paternity invocable on behalf of the child (La. Civ. Code art. 196). A biological father can also bring an avowal action to establish paternity; he may generally do so at any time, but if the child is presumed to be another man's, the action must be brought within one year of the birth, unless the mother in bad faith deceived him, in which case it is within one year of knowledge or ten years of birth, whichever comes first, and these periods are peremptive (La. Civ. Code art. 198). A husband contesting paternity must bring a disavowal action within a one-year prescription (La. Civ. Code art. 189). A certified genetic test showing a 99.9 percent probability creates a rebuttable presumption of paternity (La. R.S. 9:397.3). Attorney review of your situation is available through DocDraft.

Find out where you stand in Louisiana

Where are you in establishing paternity?

DocDraft provides document preparation, not legal advice.

How is paternity established in Louisiana?

There are several routes under the Civil Code. A man not married to the mother can acknowledge a child not filiated to another man by authentic act (La. Civ. Code art. 196), or a biological father can bring an avowal action in court to establish paternity (La. Civ. Code art. 198).

How long does a father have to establish paternity in Louisiana?

A man may generally bring an avowal action at any time. But if the child is presumed to be another man's, he must sue within one year of the birth, with a limited extension if the mother in bad faith deceived him. These periods are peremptive and cannot be extended (La. Civ. Code art. 198).

What is the presumption of paternity in Louisiana?

Under La. Civ. Code art. 185, the husband of the mother is presumed to be the father of a child born during the marriage or within 300 days from the date the marriage is terminated. A husband who contests that presumption must bring a disavowal action, proving by clear and convincing evidence that he is not the father.

What genetic-testing result establishes paternity in Louisiana?

Under La. R.S. 9:397.3, a certified report of blood or tissue sampling that indicates a 99.9 percent threshold probability that the alleged father is the father of the child creates a rebuttable presumption of paternity. This is a higher threshold than most states set for their court presumptions.

Louisiana filiation law at a glance

Louisiana is a civil-law state, so establishing paternity is governed by the Civil Code's filiation articles and uses distinctive terms. The husband of the mother is presumed the father of a child born during the marriage or within 300 days from its termination (La. Civ. Code art. 185). A man not married to the mother can acknowledge a child not filiated to another man by authentic act, creating a presumption of his paternity (La. Civ. Code art. 196). A biological father can bring an avowal action, generally at any time, but within one year of birth if the child is presumed to be another man's, with a limited bad-faith extension; these periods are peremptive (La. Civ. Code art. 198). A husband disavowing paternity faces a one-year liberative prescription (La. Civ. Code art. 189). A certified genetic test at 99.9 percent creates a rebuttable presumption of paternity (La. R.S. 9:397.3).

Establishing Louisiana paternity when the mother is unmarried

Suppose a child is born in Louisiana to an unmarried mother, and the biological father wants legal recognition. Because the child is not filiated to another man, he can acknowledge the child by authentic act, creating a presumption of his paternity (La. Civ. Code art. 196), and the parents complete an Acknowledgment of Paternity affidavit through the Office of Vital Records, subject to the federal 60-day rescission window. Had the mother instead been married, the child would be presumed her husband's (La. Civ. Code art. 185), and the biological father's avowal action would have to be filed within one year of the birth, with a limited bad-faith extension; these periods are peremptive (La. Civ. Code art. 198). If the parties disputed parentage, a court could order genetic testing, where a certified 99.9 percent result creates a rebuttable presumption of paternity (La. R.S. 9:397.3). Attorney review is available through DocDraft.

Relevant Laws

La. Civ. Code art. 185 (presumption of paternity of husband)

Provides that the husband of the mother is presumed to be the father of a child born during the marriage or within 300 days from the date of the termination of the marriage.

La. Civ. Code art. 189 (time limit for disavowal by the husband)

Provides that the action for disavowal of paternity is subject to a liberative prescription of one year, commencing from the day of the child's birth or the day the husband knew or should have known he may not be the biological father, whichever occurs later, with a special rule when the spouses lived separate and apart.

La. Civ. Code art. 196 (acknowledgment by authentic act)

Provides that a man may, by authentic act, acknowledge a child not filiated to another man, creating a presumption that he is the father, which can be invoked only on behalf of the child.

La. Civ. Code art. 198 (father's avowal action; peremptive periods)

Provides that a man may institute an action to establish his paternity at any time, but if the child is presumed to be another man's, within one year of birth, or, where the mother in bad faith deceived the father, within one year of knowledge or ten years of birth, whichever first; the time periods are peremptive.

La. R.S. 9:397.3 (effect of genetic test results)

Provides that a certified report of blood or tissue sampling which indicates a 99.9 percent threshold probability that the alleged father is the father of the child creates a rebuttable presumption of paternity.

Louisiana Department of Health, Office of Vital Records (Acknowledgment of Paternity)

The Louisiana Department of Health, Office of Vital Records, administers the Acknowledgment of Paternity affidavit, including 2-party and 3-party forms, used to establish paternity and add the father to the birth record.

Regional Variances

Louisiana paternity rules at a glance

Voluntary path and form

A man can acknowledge a child not filiated to another man by authentic act (La. Civ. Code art. 196); unmarried parents commonly complete a 2-party Acknowledgment of Paternity affidavit through the Office of Vital Records, and a 3-party form is used when the mother is or was married to another man.

Rescission window

A signed Acknowledgment of Paternity affidavit can be rescinded consistent with the federal 60-day rescission rule; after that it can be challenged only for fraud, duress, or material mistake of fact.

Presumption of the husband

The husband of the mother is presumed the father of a child born during the marriage or within 300 days from its termination (La. Civ. Code art. 185); he may contest it by a disavowal action within one year (La. Civ. Code art. 189).

Deadline for a father to establish

A father's avowal action is generally open, but limited to one year of birth if the child is presumed another man's, with a bad-faith extension to one year of knowledge or ten years of birth; these periods are peremptive (La. Civ. Code art. 198).

Genetic-testing threshold

A certified genetic test showing a 99.9 percent threshold probability creates a rebuttable presumption of paternity (La. R.S. 9:397.3), a higher bar than the 95 to 99 percent common elsewhere.

Who administers it

The Louisiana Department of Health, Office of Vital Records, handles the acknowledgment and birth record; the Department of Children and Family Services handles support and testing; courts decide contested avowal and disavowal actions.

Suggested Compliance Checklist

Determine whether the child is presumed to be another man's

Before signing or filing anything days after starting

Determine whether the mother was married so the child is presumed her husband's (La. Civ. Code art. 185). This matters because it limits a biological father's avowal action to one year of birth (La. Civ. Code art. 198) and may require a disavowal action first.

Get genetic testing if biological parentage is uncertain

Before acknowledging the child days after starting

Because acknowledgment carries the effect of a paternity judgment, obtain genetic testing first if there is any doubt. Under La. R.S. 9:397.3, a certified 99.9 percent threshold probability creates a rebuttable presumption of paternity.

Acknowledge the child or sign the Acknowledgment of Paternity

At the hospital or through Vital Records days after starting

A man not married to the mother can acknowledge a child not filiated to another man by authentic act (La. Civ. Code art. 196); unmarried parents commonly complete the Acknowledgment of Paternity affidavit through the Office of Vital Records. Keep a copy. Attorney review is available through DocDraft.

Track the federal 60-day rescission window

Within 60 days of signing days after starting

If you need to cancel a signed Acknowledgment of Paternity, do so within the federal 60-day rescission window. After that, it can be challenged only for fraud, duress, or material mistake of fact, so act promptly if you have doubts.

File an avowal or disavowal action if paternity is contested

One-year peremptive or prescriptive windows days after starting

A biological father files an avowal action, within one year of birth if the child is presumed another man's (La. Civ. Code art. 198, peremptive). A husband contesting paternity files a disavowal action within a one-year prescription (La. Civ. Code arts. 187, 189). A court can order genetic testing.

Keep records of the acknowledgment, testing, and orders

Ongoing days after starting

Save copies of any acknowledgment, genetic-test results, and court papers, and calendar the one-year avowal window (La. Civ. Code art. 198), the one-year disavowal prescription (La. Civ. Code art. 189), and the federal 60-day rescission window so you do not miss a right-forfeiting date.

Frequently Asked Questions

Establishing paternity in Louisiana is part of filiation, the civil-law process of legally linking a child to a father so the child can receive support, custody and visitation, health coverage, inheritance, and benefits. It is governed by the Civil Code and can be done by acknowledgment by authentic act or by a court action (La. Civ. Code arts. 196, 198).

A man not married to the mother can acknowledge a child not filiated to another man by authentic act (La. Civ. Code art. 196), and unmarried parents commonly complete an Acknowledgment of Paternity affidavit through the Office of Vital Records. A biological father can also bring an avowal action in court (La. Civ. Code art. 198).

An avowal action is a court action by a man to establish his paternity of a child (La. Civ. Code art. 198). He may generally bring it at any time, but if the child is presumed to be another man's, he must file within one year of the birth. The article's time periods are peremptive and cannot be extended.

A disavowal action is how a husband presumed to be the father contests paternity. He must prove by clear and convincing evidence, corroborated by other evidence, that he is not the father (La. Civ. Code art. 187), and the action is subject to a one-year liberative prescription (La. Civ. Code art. 189).

It is a formal written acknowledgment, executed before a notary and witnesses, by which a man acknowledges a child not filiated to another man (La. Civ. Code art. 196). It creates a presumption that he is the father, which can be invoked on behalf of the child, and it establishes paternity without a court judgment.

It depends on the path. A father's avowal action is generally open, but is limited to one year of birth if the child is presumed another man's, with a bad-faith extension (La. Civ. Code art. 198). A husband's disavowal has a one-year prescription (La. Civ. Code art. 189). Avowal periods are peremptive.

Under La. R.S. 9:397.3, a certified report of blood or tissue sampling indicating a 99.9 percent threshold probability that the alleged father is the father creates a rebuttable presumption of paternity. Louisiana sets this threshold higher than the 95 to 99 percent used in many other states.

The Louisiana Department of Health, Office of Vital Records, administers the Acknowledgment of Paternity affidavit and birth records. The Department of Children and Family Services handles child support and can arrange genetic testing. Contested filiation, including avowal and disavowal actions, is decided by the courts under the Civil Code.

Other Louisiana guides

Asset Protection Planning in Louisiana (2026)

Dealing With Debt Collectors in Louisiana (2026)

Expunging a Criminal Record in Louisiana (2026)

Filing Chapter 7 Bankruptcy in Louisiana (2026)

Firing an Employee in Louisiana (2026)

How to Appeal an Unemployment Denial in Louisiana

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