Art. 3998.Recordation
Book VII. Special Proceedings · Title V. Judicial Emancipation · Chapter 1. Judicial Emancipation · Enacted 2008 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 3998
Amendment History
Acts 2008, No. 786, §2, eff. 1/1/2009.
Plain-English Summary
Article 3998 imposes a two-tier recordation duty on any judgment granting, modifying, or terminating emancipation. Paragraph A places the first duty on the clerk of court, who must record the judgment in the conveyance records of the parish where it was rendered as a matter of course.
Paragraph B places a second, affirmative duty on the petitioner, running on a strict fifteen-day clock from the signing of the judgment: the petitioner has to cause the judgment to be recorded in the conveyance records of every other parish where the minor owns immovable property. Unlike the clerk's automatic duty in the rendering parish, this second recordation does not happen without the petitioner taking action.
The conveyance records exist to give third parties, such as prospective buyers, lenders, or officials in another parish, constructive notice of what is recorded there. For an emancipated minor, that notice concerns the minor's current legal capacity to deal with immovable property, information a title search in a parish where the minor owns land would otherwise miss. This is what makes an emancipation, or a later modification or termination of one, effective against third parties beyond the parties to the original proceeding, and it reinforces why Article 3996 protects an act the minor already took: recordation is what put the wider world on notice of the minor's status at the time.
Frequently Asked Questions
Who is responsible for recording a Louisiana emancipation judgment?
The clerk of court records it automatically in the parish where it was rendered, while the petitioner is responsible for recording it in any other parish where the minor owns immovable property.
How long do I have to record an emancipation judgment in other parishes?
Fifteen days from the signing of the judgment, under Article 3998.
Why does recordation matter for a minor's property?
Recordation in the conveyance records gives third parties notice of the minor's legal capacity to deal with immovable property in that parish, which matters to anyone checking title there.
Does the recordation requirement apply to modifications and terminations of emancipation, or only the original judgment?
It applies to all three: a judgment granting, modifying, or terminating emancipation must be recorded under Article 3998.