Was an unmarried father's name on a Louisiana birth certificate enough by itself for a child-support order?

Plain-English summary

A child-support division asked whether a birth certificate naming a father and giving an unmarried mother's child his surname was enough, by itself, to support a child-support award. The AG said no. A name on the certificate did not itself amount to formal acknowledgment or a declaration of paternity unless the father signed the certificate. The opinion pointed to an in-hospital acknowledgment, a notarial acknowledgment, legitimation, a judicial determination, or proof of filiation under the Civil Code.

The opinion said a birth certificate together with an in-hospital acknowledgment would be sufficient to require support. It also said the proof listed in the Civil Code revision comment, including informal acknowledgment and scientific tests, could support an obligation. The opinion noted that scientific evidence alone was insufficient to prove paternity.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did a father's name and surname on the birth certificate suffice by themselves?

The AG said no. Merely listing his name did not formally acknowledge paternity unless he signed the certificate.

What other documents did the opinion discuss?

It identified an in-hospital acknowledgment or notarial act of acknowledgment alongside the birth certificate, and discussed legitimation and judicial paternity or filiation proceedings.

Could other evidence establish filiation?

Yes. The opinion quoted the Civil Code's proof rule and its revision comment, which mentioned informal acknowledgment, scientific tests, a testamentary acknowledgment, and evidence about the parents' relationship. It did not decide a particular person's evidence.

Background and statutory framework

LSA-R.S. 40:34(B)(1)(a)(iv) governed the surname of a child born outside marriage. The AG read that provision with LSA-C.C. art. 203 on acknowledgment and art. 209 on proving filiation. Its answer addressed the documents needed to establish a father's obligation in the situation presented.

Citations

• LSA-R.S. 40:34(B)(1)(a)(iv) (surname rule).
• LSA-C.C. art. 203(A) (formal acknowledgment).
• LSA-C.C. art. 209 (proof of filiation).
• Matter of Succession of Brown, 522 So.2d 1382 (La. App. 2 Cir.1988) (birth certificate and acknowledgment).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0022

Original opinion text

June 2, 2004
Opinion 04-0022

District Attorney, 21st Judicial District
Attn: Rev. Mack H. McCraney
Assistant District Attorney
Child Support Division
129 East Oak Street
Amite, Louisiana 70422

Dear Rev. McCraney:

Your request for an Attorney General Opinion has been forwarded to me for research and reply. You asked the following question with respect to LSA-R.S. 40:34(B)(1)(a)(iii), (iv):

1. Whether, for purposes of child support, a certificate of birth regarding a child born
   to a single mother, listing the father’s name and the child given the surname of the
   father, is sufficient of itself to bear an award of child support, without having to
   provide and introduce into the court’s records a copy of the “In Hospital
   Acknowledgement” or other documents that were provided to the state registrar
   enabling that agency to give the child the father’s surname?

LSA-R.S. 40:34(B)(1)(a)(iii) and (iv) provide as follows:

      B. The forms shall be printed and supplied or provided by electronic means by
         the state registrar and required contents are:

               (1) Contents of birth certificate. The certificate of birth shall contain,
                   as a minimum, the following items:

                  (a) Full name of child.

                     (iii) Except as otherwise provided in Items (vi) and (vii) of
                     this Subparagraph, the surname of the child shall be the
                     surname of the husband of the mother if he was married
                     to the mother of the child at the time of conception and
                     birth of the child or had not been legally divorced from the
                     mother of the child for more than three hundred days prior
                     to the birth of the child, or if both the husband and the
                     mother agree, the surname of the child may be the
                     maiden name of the mother or a combination of the

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Rev. Mack H. McCraney
OPINION 04-0022
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surname of the husband and the maiden name of the mother.

(iv) If the child is an illegitimate child as provided in Civil Code Article 180, the surname of the child shall be the mother’s maiden name. If the natural father is known and if both the mother and the natural father agree, the surname of the child may be that of the natural father or a combination of the surname of the natural father and the maiden name of the mother. For purposes of this Item, “natural father” means a father whose child has been legitimated by subsequent marriage of the parents or by notarial act, or a father who has formally acknowledged his illegitimate child or who has been judicially declared the father in a filiation or paternity proceeding.

It is the opinion of this office that a certificate of birth alone is not sufficient to bind the father of an illegitimate child to provide child support. Based upon LSA-R.S. 40:34 B (1)(a)(iv) we find that a child must be legitimated by subsequent marriage of the parents or by notarial act, or when a father has formally acknowledged his illegitimate child or has been judicially declared the father in a filiation or paternity proceeding.

A child may be acknowledged pursuant to LSA-C.C. art. 203(A), which states, “ The acknowledgement of an illegitimate child shall be made by a declaration executed before a notary public, in the presence of two witnesses, by the father and mother or either of them, or it may be made in the registering of the birth or baptism of such child.” The fact that the father is named in or on the birth certificate is not considered formal acknowledgment or declaration of paternity unless the father signs the certificate. Also, written declarations of paternity by midwives or others on birth certificates do not legally suffice as formal acknowledgment of paternity, but may be considered with named father’s later conduct and words as corroborating evidence of informal acknowledgment. Matter of Succession of Brown, 522 So.2d 1382 (La. App. 2 Cir.1988).

To formally acknowledge and legitimize a child, both the birth certificate and the “In Hospital Acknowledgment” or a notarial act of acknowledgment would be sufficient to require the father to pay child support. Therefore, the birth certificate with the name of the father appearing is not a sufficient basis upon which to file an action for establishment of child support.

If the illegitimate child is not legitimized pursuant to LSA-C.C. art. 203, then the requirements for proof of filiation must be fulfilled in accordance with LSA-C.C. art. 209. Article 209(A) states, “A child not entitled to legitimate filiation nor filiated by the initiative of the parent by legitimation or by acknowledgment under Article 203 must prove

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Rev. Mack H. McCraney
OPINION 04-0022
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filiation as to the alleged living parent by a preponderance of the evidence in a civil proceeding instituted by the child or on his behalf within the time limit provided in this article. Furthermore, the Official Revision Comment (b) to Article 209 states, “Proof of filiation may include, but is not limited to: “Informal” acknowledgment; scientific test results; acknowledgment in a testament; and proof that the alleged parents lived in a state of concubinage at the time of conception.”

In Cunningham v Dicarlo, 539 So.2d 1315 (La. App. 3 Cir.1989), the court held that although the father did not informally acknowledge the child this fact did not prevent determination of paternity. Informal acknowledgment was merely one and not the sole method of proving filiation and the statement that did not amount to informal acknowledgment was nevertheless relevant to filiation. In Ezell v Evans, 600 So.2d 90 (La. App. 2 Cir.1992), the court held that although scientific evidence alone is insufficient to prove paternity, it is persuasive and objective testimony that can help establish proof by preponderance of the evidence. It is the opinion of this office that both the birth certificate coupled with the “In Hospital Acknowledgment” or any of the requirements listed in the Official Revision Comment (b) to LSA-C.C. art. 209 would prove sufficient to require the father to pay child support.

You may also want to refer to La. Atty. Gen. Op. No. 00-294, a copy of which is attached, which contains a thorough review of the “In Hospital Acknowledgment” procedure and requirements.

Should you require any further assistance in this matter, please feel free to contact this office.

Very truly yours,

CHARLES C. FOTI JR.
ATTORNEY GENERAL

BY: ________
JULIE A. COLLINS
ASSISTANT ATTORNEY GENERAL

JAC/jh/jy

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Opinion 04-0022

49 HEALTH

R.S. 40:34(B)(1)(a)(iii)(iv)
LSA- C.C. Art. 203
LSA-C.C. Art. 209
LSA-C.C. Art. 209 (b) Official Revision Comments

An “In Hospital Acknowledgement” or other documents are needed before the father of an illegitimate child shall be required to provide child support.

District Attorney, 21st Judicial District
Attn: Rev. Mack H. McCraney
Assistant District Attorney
Child Support Division
129 East Oak Street
Amite, Louisiana 70422

Date received:
Date released: June 2, 2004

JULIE COLLINS
ASSISTANT ATTORNEY GENERAL