2014 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:46 - New certificate of birth when judgment of filiation is obtained

§46. New certificate of birth when judgment of filiation is obtained

A. Upon request of a child who has obtained a judgment of filiation pursuant to Civil Code Article 197, the state registrar, upon receipt of a copy of the judgment, shall prepare a new certificate of birth in the new name of the child wherein the child's surname shall be that of the father recognized in the judgment or a combination of the surname of the father recognized in the judgment and the maiden name of the mother.

B. If at the time of legitimation the child shall have reached the age of majority, the state registrar shall require an affidavit to be obtained from the district attorney of the place of residence and domicile of the said major child, wherein the district attorney shall state any objections, if any exist, to the name change aspects, prior to the preparation of a new certificate of birth. If there be no objection by the district attorney, the state registrar shall issue a new certificate to the major child. If there be an objection, the state registrar may not proceed to prepare a new certificate until the district attorney's objection, if any, has been resolved.

C. The new certificate of birth shall be signed by the child's father prior to its recordation in the vital records registry and only after such signing and recordation may certified copies or short form birth certification cards be issued as in the case of all other birth records.

D. The child's original birth certificate and the evidence upon which the new certificate was made shall be sealed in a package or envelope and filed in the archives of the vital records registry of the division of vital records. This sealed package or envelope may be opened only pursuant to an order of the civil district court for good cause.

E. Upon presentation of any other form of legitimation or acknowledgment permitted by the laws of this state, together with a request for an alteration of an original certificate of birth, the matter will be processed in accordance with rules and regulations of the vital records registry promulgated pursuant to R.S. 40:33(C).

Acts 1979, No. 776, §1. Amended by Acts 1983, No. 624, §1; Acts 1986, No. 876, §1; Acts 2004, No. 26, §13; Acts 2012, No. 621, §1.