Terms Used In Louisiana Revised Statutes 9:399.2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

            A. The biological mother of a child may institute an action against the biological father of the child to recover fifty percent of documented out-of-pocket pregnancy-related medical expenses. The biological mother may institute the action if the father has executed an authentic act of acknowledgment or after the paternity of the child has been proven upon proof by clear and convincing evidence as provided in Part I-A of this Chapter.

            B. Only the following out-of-pocket pregnancy-related medical expenses may be recovered by the biological mother from the biological father:

            (1) Actual medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other expenses, incurred by the biological mother for prenatal care and those medical expenses incurred by the biological mother and child incident to birth.

            (2) Any additional expense authorized by order of the court upon a specific finding that the expense is reasonable and necessary.

            C. The action to prove paternity for reimbursement of pregnancy-related expenses by the biological mother shall be instituted within a peremptive period of two years from the day of the birth of the child.

            Acts 2023, No. 439, §1.