Information for Parents

Important Information for Unmarried Parents

In the state of Louisiana, if the mother and father are not married when their child is born, the biological father does not have any legal rights to his child and his name will not appear on his child’s birth certificate unless paternity is established.

If unmarried, and both parties agree they are the biological parents of the child, the Acknowledgment of Paternity (AOP) Affidavit can be completed. By signing the form, parents are establishing paternity for their child − giving the father legal rights to his child. Completing this form is voluntary, it’s free (when completed at the hospital), and it’s the quickest way to establish paternity. Once completed, the AOP is used to add the biological father to the child’s birth certificate

All kids deserve the right to know who they are, where they come from, who their parents are, and all benefits that come with establishing paternity.

Important Information for Married Parents or Recently Divorced

By Louisiana law, if the mother is married to someone other than the biological father when the child was conceived or has been divorced for less than 300 days at the time of birth, the husband/ex-husband shall be the presumed father, unless paternity is established for the biological father.

In this situation, a 3-party AOP can be completed to establish paternity for the biological father.* Before completing an AOP, a DNA-based paternity test must be performed and result in 99.9% probability of paternity. All parties (mother, father, and husband/ex-husband) must complete and sign with two witnesses in the presence of a licensed notary. The completed 3-party AOP must be accompanied by the certified DNA-based paternity test results.

If paternity testing can be completed during the hospital stay, the 3-party AOP may be completed at the hospital. The DNA test is solely the financial responsibility of the three parties signing the AOP, not of the hospital. In most instances, DNA paternity testing processing exceeds the time state law allows for hospitals to provide information for birth certificates; therefore, parents may complete a 3-party AOP form later, for a small fee, at the vital records office in New Orleans or by mail at their convenience. 

* The use of 3-party AOP is limited to cases where the husband and the mother lived separate and apart continuously for a minimum of 180 days prior to the conception of the child and have not reconciled since the beginning of the 180-day period. This affidavit cannot be used if the agreement of any party cannot be obtained or if the parties cannot meet the statutory requirements and a court must establish paternity in accordance with R.S.40:46.1 in order for the biological father's name to be added to the birth certificate. If you are not sure if you can use the 3-party AOP, please contact vital records.

Genetic Testing

If parents are unsure about who the biological father of the child is, they are strongly encouraged to request a genetic test, also called a DNA test, before completing an AOP. Louisiana Child Support Enforcement contracts with two genetic testing laboratories.

Birth Certificate

AOPs that are completed in the hospital at the time of birth are submitted to the vital records registry with your child’s birth record. The child’s birth certificate will reflect the name and paternity information that was given by both parents on the form.  

AOPs that are completed after parents have left the hospital require special processing and a small fee to amend the child’s birth certificate.

Visit the Louisiana Department of Health State Registrar and Vital Records to learn more about amending the birth record or obtaining a birth certificate. 

Why both parents really make a difference…