Last summer, new legislation was authored allowing pregnant mothers to collect child support while the child is still in her womb. Louisiana Representative Mike Johnson (R-LA) and North Dakota Senator Kevin Kramer (R-ND) introduced the bicameral bill (H.R. 8362), calling it the Unborn Child Support Act.
The legislation echoes already established laws, but it amends the previous verbiage to add the word “unborn” to children. It also includes rules on establishing child support eligibility and how to handle support that would begin within the first month of conception.
The text of the Unborn Child Support Act puts the responsibility of establishing child support payments solely on the court if the mother provides consent, and consent is not required if determining paternity presents any threat or danger to either mother or their unborn child.
The conservative lawmakers who authored the bill have made previous statements regarding life beginning at conception, and they are emphatic that passing this bill into federal law would solidify this sentiment.
Paternity Law in Louisiana
When an unwed mother gives birth, that child does not necessarily have a legal Father. A paternity action through the court is often needed to establish a father’s identity. Louisiana law’s current definition of paternity is simple. A father is determined by either biological results through scientific tests or by the act of being a father.
Paternity is often agreed upon by all parties, but occasionally, paternity is contested. When this happens, there are two ways to establish paternity, including:
- The alleged father can acknowledge their paternity or parentage
- A paternity proceeding through family court
Paternity Proceedings are also relatively straightforward. These proceedings can be initiated by the mother, the child, the alleged Father, or the Child Support Division of the State to settle petitions and complaints.
Paternity Tests in Louisiana
Most state courts can order paternity testing. Testing may be ordered for all the proceeding’s participants—father, mother, and child. Advancements in science have made paternity testing more accurate and reliable. Because there are more DNA test centers, testing is easier to conduct and more affordable.
There are two types of tests that may be conducted:
- DNA Genetic Identity tests
- Swab tests
To identify a father, the Louisiana courts need a DNA-based paternity test with at least a 99.9% probability. The test must have been created in an accepted DNA testing laboratory. These positive DNA tests create a legal determination known as a rebuttable presumption, which means the test results will be recognized as truth unless someone can offer enough evidence to disprove the court’s finding.
In most cases, fathers pay for a positive test, and mothers pay if the test returns negative.
Who pays for the tests may be agreed to by the parties involved or the courts before the tests are administered.
Routinely, these proceedings lead to a resolution of disputes regarding custody and child support. If the parties can find common ground on custody, child support, and visitation, then sign an agreement addressing these issues, the court usually takes these documents into account while making a ruling. Paternity proceedings are often settled before a trial.
But paternity proceedings can get tricky. Often, attorneys represent all involved parties. This typically occurs when one or all the parties disagree on paternity, custody, and child support. They can differ on these issues individually, or they cannot be able to settle on an agreement regarding all three.
More often, custody goes to the mothers. However, depending on certain circumstances, fathers with proven parentage can also be awarded custody of the child. Agreements can be drawn up, signed by all parties, and approved by the court.
Child Support in a paternity action is governed by the same rules seen in divorce proceedings. Fathers or mothers may be ordered to pay child support to the other. In a lot of cases, courts will award back child support or any child support dating to the child’s birth, or a designated number of years.
The issue of visitation is handled much like custody or child support. Often, the court respects and upholds visitation plans that are agreed upon and signed by all parties. But if an agreement cannot be reached, the parties can petition the court to request visitation rights.
Why Establishing Paternity is Important
If a child is born to a married couple, the typical presumption is that the husband is the child’s biological father or Putative Father. DNA Identity testing can overturn this presumption and lead to an Affidavit of Denial of Paternity where both parents agree the Husband is not the child’s father.
A negative DNA Identity test provided to the court can reverse the putative father designation. This would relieve the presumptive or alleged father from any custody or child support obligations.
Just as important is establishing parentage and offering a child a full identity from both biological parents. It can also resolve questions children or parents may have about a child’s identity. Determining paternity can provide a full health history of both parents, giving complete information that may be needed when the child needs medical treatment.
Children deserve to receive support from both parents. Even when emotional support cannot be guaranteed, a child should not be denied financial support or any benefits paternity might supply to dependents. These may include:
- Health insurance
- Inheritance
- Social security
- Veteran’s benefits.
Establishing paternity also allows the parents to seek various forms of public assistance if it is needed and they qualify. In addition, the child may get their father’s name listed on their birth certificate, or the child’s name may be changed on their birth certificate if the court orders that the document should reflect the changes.
A parent may petition to establish paternity before the child reaches Louisiana’s “Age of Majority,” which is 18 years old. A child can also file an action for paternity, and they have up to five years after they reach the age of majority to seek the establishment of paternity. According to the Supreme Court of the United States, it is unconstitutional to limit the rights of a child to file for paternity.
Contact Stephenson, Chávarri & Dawson, L.L.C. today, or call our law office at 504-523-6496.
