House Bill No. 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) to state that the provisions concerning the surname of a child born to a married mother will not apply to same-sex relationships. Additionally, it introduces R.S. 40:34.5(F), which similarly exempts same-sex relationships from the requirements related to the recording of the father's name on the birth certificate. The bill also amends Civil Code Articles 185 and 186 to clarify that the presumptions of paternity for husbands do not apply to same-sex relationships.

Overall, the proposed changes aim to ensure that the legal framework surrounding paternity and birth certificates is inclusive of same-sex couples, thereby eliminating the automatic presumption of paternity that currently applies to heterosexual marriages. This legislative effort reflects a shift towards recognizing diverse family structures in Louisiana law.

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