Louisiana § RS 40:46.5 - Change of paternal filiation; contestation and establishment of paternity

Full text of Louisiana Louisiana Civil Code § RS 40:46.5 — Change of paternal filiation; contestation and establishment of paternity, with citation guidance and answers to common questions.

§ RS 40:46.5. Change of paternal filiation; contestation and establishment of paternity

            If the surname of the child, the name of the father of the child, or other information pertaining to the father as it was entered on the birth certificate was that of the man who was presumed to be the father of the child under Civil Code Article 185 or 186 and if the mother of the child, after the birth certificate was prepared, obtains a final and definitive judgment contesting and establishing paternity of the child, the state registrar, upon receipt of a certified copy of that final and definitive judgment, shall amend the birth certificate as follows:

            (1) Strikethroughs: Strike through the surname of the child, the name of the father of the child, and the other information pertaining to the father, in particular, his age, race, ethnicity, residence, birthplace, and social security number.

            (2) Additions:

            (a) For the surname of the child, enter either that of the present husband of the mother or, if both agree, her maiden name or surname or a combination of his surname and her maiden name or surname.

            (b) For the name of the father and his age, race, ethnicity, residence, birthplace, and social security number, enter those of the present husband of the mother.

            (c) Upon the petition of the mother of the child, a court may, for good cause shown, order the state registrar to enter, as the surname of the child, the maiden name or surname of the mother or a combination of the surname of the man whose surname should otherwise be given to the child under Subparagraph (a) of this Paragraph and the maiden name or surname of the mother, whichever she may choose, even if that man does not concur.

            Acts 2016, No. 434, §3.

Source: official Louisiana text · Last verified 2026-08-27

Frequently Asked Questions About Louisiana § RS 40:46.5

What does Louisiana Civil Code § RS 40:46.5 cover?

Section RS 40:46.5 ("Change of paternal filiation; contestation and establishment of paternity") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Louisiana § RS 40:46.5?

A common citation format is "Louisiana Civil Code § RS 40:46.5" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Louisiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.

How does Louisiana § RS 40:46.5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.