§ 40:32 As used in this Chapter, the following terms shall have the meanings ascribed to them in this Section unless otherwise provided for or unless the context otherwise indicates:
§ 40:33 A. There is hereby established a central vital records registry within the office of public health and a registrar of vital records for the state with an office properly equipped and
§ 40:34 A.(1) The certificate forms prescribed by the state registrar shall include, as a minimum, birth certificates, death certificates, paternity acknowledgment affidavits, and any other
§ 40:34.1 A. An original birth certificate shall contain, as a minimum, the items provided in R.S. 40:34.2 through 34.9.
§ 40:34.2 The name of the child shall be entered on the original birth certificate in accordance with the following provisions:
§ 40:34.3 The sex of the child shall be entered on the original birth certificate.
§ 40:34.4 The circumstances of the birth of the child shall be entered on the original birth certificate. These circumstances shall include all of the following:
§ 40:34.5 A. If the child is born to a mother who either is married or was married within three hundred days prior to the birth of the child, the full name of the father shall be recorded in t
§ 40:34.5.1 Notwithstanding the provisions of R.S. 40:34.2(2)(a) and (c) and 34.5(A), the husband or former husband presumed to be the father of the child, the mother, and the biological father
§ 40:34.5.2 The Louisiana Department of Health, office of public health, shall develop a form, and a notice of consequences of executing the form, for the purposes of implementing R.S. 40:34.5.1
§ 40:34.6 The full name of the mother of the child, including her maiden name and current surname, shall be entered on the original birth certificate; however, if the child was born of a surro
§ 40:34.7 The following information regarding the parents shall also be entered on the original birth certificate:
§ 40:34.8 The certification of the attending physician, midwife, or other person in attendance, including a statement of the year, month, day, and hour of birth, shall be entered on the origin
§ 40:34.9 The exact date of filing in the office of the local registrar, attested by his official signature, shall be entered on the original birth certificate.
§ 40:34.10 The certificate of death shall contain, as a minimum, the following items:
§ 40:34.11 The state registrar shall develop an affidavit for the voluntary acknowledgment of paternity which includes the minimum requirements of the affidavit specified by the secretary of th
§ 40:34.12 Upon request, the state registrar shall provide the information required in R.S. 40:34.9 and 34.10(1) and (2) to the agency charged with implementing a program of family support in a
§ 40:34.13 All acknowledgments of paternity properly executed in accordance with Louisiana law and adjudications of paternity by a Louisiana court shall be filed with the state registrar, offic
§ 40:35 Failure to complete medical certification
§ 40:36 A. The state registrar of vital records is the custodian of all vital certificates and records in this state which heretofore may exist in any parish or municipality, or which may he
§ 40:37 Local registrars; duties
§ 40:38 Certified copies, issuance
§ 40:39 Issuance of short-form birth certification cards
§ 40:39.1 A. The state registrar of vital records shall promulgate rules to implement the issuance of certified copies of birth certificates and death certificates through the office of the cl
§ 40:40 Fees for certified copies
§ 40:41 A. All certificates in the custody of the state registrar are open to inspection, subject to the provisions of this Chapter. No employee of the state shall disclose data contained in
§ 40:42 Evidentiary character of certificates
§ 40:44 Compulsory registration of births; rejection of certificates
§ 40:45 Preparation of birth certificates; by whom made
§ 40:46 A. The state registrar of vital records is authorized to amend an original birth certificate in accordance with Louisiana law.
§ 40:46.1 If the biological filiation of a child changes after a birth certificate has been prepared for the child, the state registrar shall amend the birth certificate to reflect this change
§ 40:46.2 A. Following a final and definitive judgment of maternal filiation, rendered pursuant to Civil Code Article 184, the effect of which is to recognize maternal filiation between a woma
§ 40:46.3 A. Following a final and definitive judgment of maternal filiation, rendered pursuant to Civil Code Article 184, the effect of which is to recognize maternal filiation between a chil
§ 40:46.4 A. If the surname of the child, the name of the father of the child, or other information pertaining to the father as it was entered on the birth certificate was that of the man who
§ 40:46.5 If the surname of the child, the name of the father of the child, or other information pertaining to the father as it was entered on the birth certificate was that of the man who was
§ 40:46.6 Following the birth of a child, if Civil Code Article 195 applies, the state registrar, upon receipt of (i) a certified copy of the certificate of the marriage of the mother of the c
§ 40:46.7 A. In a case to which Civil Code Article 196 applies, the state registrar, upon receipt of (i) a certified copy of the act of formal acknowledgment and (ii) if the mother did not sig
§ 40:46.8 A. Following a final and definitive judgment of paternal filiation, rendered pursuant to Civil Code Article 197 or 198, the effect of which is to establish paternal filiation between
§ 40:46.10 A. In the case of a child born of a surrogate birth parent who is related by blood or affinity to a biological parent, the biological parents, proven to be so by DNA testing, shall b
§ 40:46.11 At the time at which the child requests the amendment of the existing birth certificate under R.S. 40:46 et seq., the state registrar shall require an affidavit to be obtained from t
§ 40:46.12 A. Any hospital in the state which provides birthing services shall have a program that allows for the voluntary acknowledgment of paternity during the period immediately before or a
§ 40:46.13 The state registrar shall provide voluntary paternity establishment services in accordance with regulations prescribed by the secretary of the United States Department of Health and
§ 40:47 A. A certificate of every death and every spontaneous fetal death except as noted in R.S. 40:49(B)(9) shall be filed with a registrar within five days after its occurrence. If the pl
§ 40:48 A. Whenever an abortion procedure results in a live birth, a birth certificate shall be issued certifying the birth of said born human being even though said human being may thereafter die
§ 40:49 Preparation and filing of death and spontaneous fetal death certificate (stillbirth)
§ 40:50 A. Notwithstanding any other provision of law to the contrary, the funeral director or other person required by law to initiate a death certificate shall initiate such certificate in
§ 40:51 Delayed determination of cause of death
§ 40:52 When a death or spontaneous fetal death (stillbirth) occurs in this state or when a dead human body is found, the deceased, stillborn child, or dead human body shall not be interred, depos
§ 40:53 Foreign permits; death outside state
§ 40:54 A permit shall be issued for burial within the state, for interment in a vault or tomb, for removal from the state, for scientific use, cremation, or other disposition without the necessit
§ 40:55 Marriage certificate; compulsory registration of marriages
§ 40:57 Divorce certificate; registration of divorces and annulments
§ 40:58 Fee of clerk of court for divorce and annulment report
§ 40:59 The acceptance for filing by the state registrar of any certificate more than six months after the time prescribed for its filing and any alteration of any certificate after it is filed wi
§ 40:60 A.(1) Certificates accepted for filing more than six months after the time prescribed for their filing and certificates, other than birth certificates, which have been altered after being
§ 40:61 Penalties
§ 40:61.1 A. The legislature hereby finds and declares that:

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 2 > Part I - General Provisions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Biological parents: means a husband and wife, joined by legal marriage recognized as valid in this state, who provide sperm and egg for in vitro fertilization, performed by a licensed physician, when the resulting fetus is carried and delivered by a surrogate birth parent who is related by blood or affinity to either the husband or wife. See Louisiana Revised Statutes 40:32
  • Chambers: A judge's office.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Contract: A legal written agreement that becomes binding when signed.
  • Dead body: means a lifeless human body or such severed parts of the human body, or the bones thereof, from the state of which it may be reasonably concluded that death has recently occurred. See Louisiana Revised Statutes 40:32
  • Decedent: A deceased person.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • 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.
  • evidence of life: include heart action, breathing, or movement of voluntary muscles. See Louisiana Revised Statutes 40:32
  • Fetal death: means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. See Louisiana Revised Statutes 40:32
  • File: means the presentation of a vital record provided for in this Chapter for registration by the vital records registry. See Louisiana Revised Statutes 40:32
  • Final disposition: means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. See Louisiana Revised Statutes 40:32
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • forms: means paper or electronic reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment, and data related thereto. See Louisiana Revised Statutes 40:32
  • Funeral director or person acting as such: is a licensed funeral director or embalmer as defined in La. See Louisiana Revised Statutes 40:32
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Institution: means any establishment, public or private, which provides inpatient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. See Louisiana Revised Statutes 40:32
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Legatee: A beneficiary of a decedent
  • Live birth: means a birth in which the child shows evidence of life after complete birth. See Louisiana Revised Statutes 40:32
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Physician: means a person authorized under the laws of this state to practice medicine. See Louisiana Revised Statutes 40:32
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Public health statistics unit: means that section which codes, tabulates, analyzes, reports, and coordinates vital records and other health status indicator data for the office of public health. See Louisiana Revised Statutes 40:32
  • Removal: means the transportation of a dead human body or the remains thereof from the jurisdiction of the state of Louisiana. See Louisiana Revised Statutes 40:32
  • Subpoena: A command to a witness to appear and give testimony.
  • System of vital records: means the registration, collection, preservation, amendment, certification, and issuance of certified copies of vital records required by this Chapter and activities related thereto. See Louisiana Revised Statutes 40:32
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Vital records registry: means a central registry as provided for in La. See Louisiana Revised Statutes 40:32