Houston, TX asked in Criminal Law, Child Custody, Child Support and Wrongful Death for Louisiana

Q: Is Filiation and Paternity the same thing? Also is there a peremption period to establish paternity after death?

Louisiana Vital Records require a court ordered Judgment of Paternity to amend / add a father. My father has been deceased since April 1991 and it is now Nov 2019. Is there peremption period that could cause my case to be dismissed?

My father legitimated and became my presumed father. I received SSA benefits on his behalf which was applied for two months after his death, was Filiation established then? I was also listed as an heir to his estate two years after his death, was Filiation established then? Is Filiation and Paternity the same thing?

1 Lawyer Answer
Ellen Cronin Badeaux
Ellen Cronin Badeaux
  • Criminal Law Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Filiation and paternity are the same thing. If you were acknowledged or legitimated, your attorney should be able to obtain a Judgment of Paternity and ordering Vital Records to add his name to your birth certificate. However, how could this matter 28 years after his death?

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