2006 Louisiana Laws - RS 9:406 — Revocation of authentic act; with and without cause

§406.  Revocation of authentic act; with and without cause

A.  A person who executed an authentic act of acknowledgment may, without cause, revoke it before the earlier of:

(1)  Sixty days of the signing of the authentic act of acknowledgment in a judicial hearing for the limited purpose of revoking the acknowledgment or declaration.

(2)  A judicial hearing relating to the child, including a child support proceeding, wherein the affiant to the authentic act of acknowledgment is a party to the proceeding.

B.  At any time, a person who executed an authentic act of acknowledgment may petition the court to rescind such acknowledgment only upon proof, by clear and convincing evidence, that such act was induced by fraud, duress, material mistake of fact or error, or that the person is not the biological parent of the child.

C.  Except for good cause shown, the court shall not suspend during the pendency of this proceeding any legal obligations, including a support obligation, of the person who petitions the court to revoke or rescind the authentic act of acknowledgment under this Section.

Acts 2006, No. 344, §4, eff. June 13, 2006.

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