2016 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:46.9 - Married mother physically separated from husband prior to and at time of birth
§46.9. Married mother physically separated from husband prior to and at time of birth
A. If, following the birth of a child to a married woman, a birth certificate was prepared for the child in accordance with R.S. 40:34.2(2), if the husband and the mother of the child lived separate and apart continuously for one hundred eighty days prior to the time of conception of the child and did not reconcile since the beginning of the one hundred eighty-day period, and if the biological father of the child is a man other than the husband of the mother, then the birth certificate of the child may be amended so that the surname of the child is the maiden name of the mother, or, if the mother, her husband, and the biological father of the child agree, the surname of the child may be that of the biological father or a combination of the surname of the biological father and the maiden name of the mother. The Louisiana Department of Health, office of public health, shall develop a form for the purposes of implementing this Section.
B. 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 biological father 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.
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