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HCR 19

CHILDREN/LEGITIMATION: Directs the Louisiana State Law Institute to study the presumption of parentage

2026 Regular Session Introduced by Tehmi Chassion

The bill directs a study on filiation and the presumption of paternity to assess whether removing the presumption is feasible, reporting by Feb 1, 2027.

Taken by the Clerk of the House and presented to the Secretary of State in accordance with the Rules of the House.
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Bill Summary · HCR 19

Summary of HCR 19 (Louisiana, 2026 Regular Session)

Purpose

HCR 19 is a concurrent resolution directing the Louisiana State Law Institute to study filiation proceedings and the presumption of paternity. The Institute must determine whether removing the presumption of paternity is feasible and report its findings to the Legislature no later than February 1, 2027.

Key Provisions

  • Directive to Study: The Louisiana State Law Institute is authorized and directed to study:
    • Filiation proceedings (the legal process by which parentage is established).
    • The presumption of paternity (the legal assumption that a husband is the father of a child born during marriage or within 300 days after the marriage ends).
  • Report Back to Legislature: The Institute must submit a written report detailing its findings and conclusions to the Legislature of Louisiana no later than February 1, 2027.
  • Format for Submission: The Institute must provide:
    • One printed copy and one electronic copy of the report to the David R. Poynter Legislative Research Library as required by law.

Background Provisions Referenced

  • Civil Code articles related to filiation and paternity:
    • Article 178: Defines filiation as the legal relationship between a child and a parent.
    • Article 179: Filiation can be established by proof of maternity/paternity or adoption.
    • Article 185: The husband of the mother is presumed to be the father of a child born during marriage or within 300 days after termination of the marriage.
    • Article 187: The husband may disavow paternity by clear and convincing evidence.
    • Article 190.1: Allows a three-party acknowledgment (mother, biological father, former husband) if blood/tissue testing confirms the biological father; in such a case, the former husband is no longer presumed to be the father.
    • There is also an acknowledgement that if the mother is unmarried at the time of birth, there is no presumption of paternity.

Potential Impact

  • The bill does not itself change the law but initiates a formal study to assess whether the presumption of paternity should be removed.
  • Depending on the Institute’s findings, future legislation could address:
    • Revisions to how paternity is established.
    • Alternatives to the current presumption that align with family welfare, fairness, and financial/legal implications for children and parents.
    • Impacts on costs of establishing paternity and access to appropriate remedies for proving or disavowing paternity.
  • The study aims to inform lawmakers with evidence-based recommendations by the February 1, 2027 deadline.

Procedural/Timeline Details

  • Status: Adopted by House and forwarded to the Senate (as of action history).
  • Deadline for Report: February 1, 2027.
  • Transmission: Report to be sent to the Louisiana State Law Institute Director; copies to be provided to the David R. Poynter Legislative Research Library as per statute.

Who Is Affected

  • Indirectly affects:
    • Parents and children involved in questions of paternity and filiation.
    • Courts and legal practitioners handling family law, paternity, and related proceedings.
    • Potential future legislative changes stemming from the Institute’s recommendations.

Note: This resolution initiates study rather than enacting substantive changes to current law.

Compiled from official sources — confirm details with the bill’s official record.

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