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The Louisiana Paternity form is a significant legal document designed to establish the paternity of a child born of marriage. This form requires both parents to provide detailed information about themselves and the child. It includes sections for the child's name, date of birth, and place of birth, as well as personal details about the mother and father, such as their names, dates of birth, addresses, and occupations. Before signing, both parents must read and initial a notice outlining their rights, responsibilities, and alternatives. This notice emphasizes the voluntary nature of signing the form and the potential legal consequences that follow. Once completed, the form allows the biological father's name to be added to the child's birth certificate, effectively granting him legal fatherhood. However, it is essential to note that if the mother was married to someone other than the biological father at the time of conception or birth, certain conditions must be met for the affidavit to be valid. This includes obtaining consent from the husband or ex-husband and ensuring that both parents have lived separately for a specified period. The form also highlights the rights of both parents regarding genetic testing and child support obligations. Ultimately, this affidavit not only serves to establish paternity but also ensures that the child can benefit from a relationship with both parents.

Document 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

Dos and Don'ts

When filling out the Louisiana Paternity form, keep the following tips in mind:

  • Do read the entire form carefully before signing.
  • Do provide accurate information for both parents and the child.
  • Do ensure all sections are completed in ink without alterations.
  • Do consult an attorney if you have questions about the process.
  • Do initial the NOTICE OF ALTERNATIVES, RIGHTS AND RESPONSIBILITIES.
  • Don't sign the form if you are unsure of paternity; consider a genetic test.
  • Don't leave any sections blank; incomplete forms may be rejected.
  • Don't alter any information once it is written; this can invalidate the form.
  • Don't forget to include your contact information for future correspondence.
  • Don't rush through the process; take your time to ensure everything is correct.

Detailed Instructions for Filling Out Louisiana Paternity

Completing the Louisiana Paternity form is a crucial step in establishing legal parentage for a child. After filling out the form, both parents must sign it in the presence of a notary public. This process ensures that the biological father's name is officially recorded on the child's birth certificate, granting him legal rights and responsibilities.

  1. Read the Notice: Before filling out the form, read and initial the NOTICE OF ALTERNATIVES, RIGHTS AND RESPONSIBILITIES section to acknowledge your understanding of the implications of signing the affidavit.
  2. Complete Child's Information: In Section I, provide the child's full name as it appears on the birth certificate, date of birth, place of birth, and the name you wish for the child to have on the birth certificate.
  3. Fill in Mother's Information: In Section II, enter the mother's full name (including maiden name), date of birth, address, phone number, place of birth, race, and Social Security number. Indicate if she was married at the time of the child's birth and provide the husband's name and address if applicable. Include the mother's occupation and employer details, as well as health insurance information.
  4. Provide Father's Information: In Section III, fill in the father's full name, date of birth, address, phone number, place of birth, race, and Social Security number. If the father is under 18, include the guardian's name and address, and obtain the guardian's signature. Also, provide the father's occupation and employer details, along with health insurance information.
  5. Sign the Affidavit: Both the mother and father must sign the affidavit. Ensure that the signatures are dated and made in front of a notary public.
  6. Witness Signatures: Two witnesses must also sign the form, and their signatures should be dated.
  7. Notarization: The notary public must complete the notarization section, including their signature, printed name, registration number, and commission expiration date.

Documents used along the form

When dealing with paternity issues in Louisiana, several important forms and documents may accompany the Acknowledgment of Paternity Affidavit. Each of these documents plays a crucial role in establishing legal relationships and responsibilities. Here’s a brief overview of some commonly used forms.

  • Birth Certificate: This document officially records the birth of a child. It includes essential information such as the child's name, date of birth, and the names of the parents. Acknowledging paternity can lead to the biological father's name being added to this certificate.
  • Durable Power of Attorney: This important legal document allows you to designate someone to make decisions on your behalf if you become incapacitated, ensuring that your financial and medical matters are managed according to your wishes. For more details, you can refer to https://arizonapdfs.com/durable-power-of-attorney-template/.
  • Genetic Testing Consent Form: If there is uncertainty about paternity, this form allows for genetic testing to confirm the biological relationship between the father and the child. It ensures that the testing process is conducted legally and ethically.
  • Child Support Order: Once paternity is established, this document outlines the financial responsibilities of the father towards the child. It specifies the amount and frequency of support payments, ensuring the child's needs are met.
  • Custody Agreement: If parents cannot agree on custody arrangements, this document can outline the terms of custody and visitation. It serves to protect the rights of both parents while focusing on the best interests of the child.
  • Parenting Plan: This plan details how parents will raise their child together, even if they are not living together. It covers aspects such as education, health care, and daily routines, promoting cooperation between parents.

Understanding these documents can help navigate the complexities of establishing paternity and ensuring the well-being of the child. Each form serves a specific purpose and contributes to creating a stable environment for the child and both parents.

Your Questions, Answered

What is the Louisiana Paternity form?

The Louisiana Paternity form is a legal document used to establish the paternity of a child. This form allows the biological father to be recognized officially on the child's birth certificate. It is important for both parents to understand the implications of signing this document, as it carries legal responsibilities and rights for both the mother and father.

Who should complete the form?

The form should be completed by both the mother and the biological father of the child. If the mother is married to someone other than the biological father, the husband must also provide consent. This ensures that the legal rights and responsibilities are clear and agreed upon by all parties involved.

What information is required on the form?

The form requires detailed information about the child, mother, and father, including:

  1. Child's full name, date of birth, and place of birth.
  2. Mother's full name, date of birth, address, phone number, and social security number.
  3. Father's full name, date of birth, address, phone number, and social security number.

Additional information about health insurance and employment may also be required. All entries must be completed in ink and should not be altered.

What happens after the form is signed?

Once the form is properly completed and signed, the biological father's name will be added to the child's birth certificate. This acknowledgment has the same legal effect as a court order establishing paternity. The father may then have rights to seek custody, visitation, and may also be responsible for child support.

Can the acknowledgment be rescinded?

Yes, the acknowledgment can be rescinded within 60 days of signing the form. This can be done through a court hearing specifically for this purpose. After this period, it can only be voided if there is clear evidence of fraud, duress, or a material mistake of fact. It's crucial to understand this process before signing the document.

What are the benefits of establishing paternity?

Establishing paternity has several benefits for the child, including:

  • Both parents' names will appear on the birth certificate.
  • Access to medical histories from both parents.
  • Eligibility for health care coverage through either parent.
  • Rights to benefits such as Social Security and inheritance rights.

These benefits help ensure that the child has a stable and supportive environment, recognizing the importance of both parents in their life.

Common mistakes

Filling out the Louisiana Paternity form is a significant step for parents, but mistakes can lead to complications. One common error occurs in the Child's Information section. Parents often forget to provide the child's name exactly as it appears on the birth certificate. This detail is crucial, as any discrepancies can delay the legal acknowledgment of paternity and affect the child's birth certificate.

Another mistake relates to the Mother's Information. Many individuals overlook the requirement to include the mother's maiden name. This omission can create confusion about the mother's identity and may complicate future legal matters regarding custody or child support. Accurate information helps ensure that the form is processed smoothly.

In the Father's Information section, it is essential to list the father's correct social security number. Some parents mistakenly provide an incorrect number or leave it blank. This can lead to difficulties in establishing paternity and may affect the father's rights and responsibilities regarding child support and visitation.

Additionally, parents sometimes fail to initial the NOTICE OF ALTERNATIVES, RIGHTS AND RESPONSIBILITIES section. This notice outlines the legal implications of signing the affidavit. Without initialing, it may appear that the parents did not understand their rights, which could lead to future disputes or challenges in court.

Finally, many people neglect to seek legal advice before signing the form. Although signing the affidavit is voluntary, understanding the full legal consequences is vital. Without proper guidance, parents may inadvertently sign away important rights or fail to fulfill necessary requirements, leading to long-term implications for both themselves and their child.

Misconceptions

  • Misconception 1: The form guarantees that the father will have custody rights.
  • This is not true. While signing the form establishes paternity, it does not automatically grant custody rights. The father must still pursue custody through the court if he wishes to have legal custody of the child.

  • Misconception 2: Only the mother needs to sign the form.
  • Both parents must sign the Louisiana Paternity form for it to be valid. The acknowledgment of paternity requires the consent of both the mother and the father.

  • Misconception 3: Signing the form is a quick process without consequences.
  • In reality, signing the form has significant legal implications. It establishes the father as the legal parent, which includes responsibilities like child support and rights like visitation. It's advisable to understand these consequences fully before signing.

  • Misconception 4: The form can be signed at any time after the child is born.
  • This is misleading. The form should be signed shortly after the child's birth, and there are specific timelines and conditions that must be met for it to be valid, especially if the mother was married to another man at the time of conception.

  • Misconception 5: If the father signs the form, he cannot change his mind later.
  • This is incorrect. A father can rescind the acknowledgment within a specific timeframe, usually within sixty days, or during a court hearing related to the child. After that, it becomes more complicated and requires proof of fraud or mistake.

  • Misconception 6: The form is only necessary if the parents are unmarried.
  • This is a common misunderstanding. Even if the parents are married, the form is essential if the husband is not the biological father. It helps clarify paternity and parental rights.

  • Misconception 7: Once the form is signed, the father's name will automatically appear on the birth certificate.
  • Not necessarily. While signing the form is a step toward having the father's name on the birth certificate, it must be completed correctly and may require additional steps, especially if there are complications regarding the mother's marital status.

Document Attributes

Fact Name Details
Governing Law The Louisiana Paternity Form is governed by R.S. 40:34B.(1)(a)(vii).
Purpose This form establishes the legal paternity of a child when signed by both parents.
Voluntary Signing Signing the form is voluntary. Parties may wish to consult an attorney before signing.
Child's Information Complete the child's information as it appears on the birth certificate.
Mother's Consent The mother must acknowledge that the man named is the biological father of the child.
Father's Rights Once signed, the father gains rights such as visitation and potential custody.
Rescission Period A party may rescind the acknowledgment within 60 days without cause.
Benefits for the Child The child will have rights to inherit and receive health care coverage from both parents.