House Bill No. 796, introduced by Representative Wilford Carter, seeks to amend existing laws regarding the presumption of paternity, specifically addressing same-sex relationships. The bill modifies R.S. 40:34.2(2)(c) and R.S. 40:34.5(F) to clarify that the provisions concerning the surname of a child born to a married mother do not apply to same-sex relationships. Additionally, it amends Civil Code Articles 185 and 186 to state that the presumption of paternity for a husband does not extend to same-sex couples.

The proposed changes aim to ensure that the legal framework surrounding paternity and birth certificates is inclusive of same-sex relationships, thereby removing any presumption that currently favors heterosexual couples. The bill emphasizes that the surname of the child and the presumption of paternity will not be determined by the marital status of the mother in the context of same-sex relationships, thereby promoting equality in family law.

Statutes affected:
HB796 Original: 40:2(2)