Acknowledgment of Paternity, Legitimation

Under Louisiana law, children are either legitimate or illegitimate. Legitimate children are those who are either born or conceived during marriage, or who have been legitimated by subsequent marriage or by an 'act' or declaration executed before a notary and two witnesses, declaring that it is the intention of the parent making the declaration to legitimate such child or children. In this way, even illegitimate children - those born out of wedlock, can be legitimated by proper form.

An alternative but related act is an Acknowledgment of Paternity. The acknowledgment of an illegitimate child is made by declaration executed before a notary and two witnesses, or it may be made in the registering of the birth or baptism of such child. There is a key difference between mere registration and formal acknowledgment, however:

(1) An acknowledgment or declaration by notarial act is deemed to be a legal finding of paternity and is sufficient to establish an obligation to support an illegitimate child without the necessity of obtaining a judgment of paternity.

(2) An acknowledgment by registry creates only a presumption of paternity, which may be rebutted if the alleged father proves he is not the father.

LDC offers a Combined Act of Legitimation and Acknowledgment of Paternity for fathers who wish to legitimate and formally acknowledge their children as their own. This form can be purchased directly from LouisianaDivorceCourt.com