A. An unemancipated minor has no procedural capacity to be sued. B. Any person having parental authority over an unemancipated minor is a proper defendant in an action to enforce an obligation against the minor. C. During tutorship, the tutor is the proper defendant in an action to enforce an obligation against the unemancipated minor. If a minor has no tutor, the action may be brought against the minor, but the court shall appoint an attorney to represent him until a tutor is appointed for the minor. D. Notwithstanding the provisions of Paragraph A, B, or C of this Article, an attorney appointed by the court having jurisdiction over an unemancipated minor who is in the legal custody of the Department of Children and Family Services is the proper defendant in an action to enforce an obligation against an unemancipated minor. Upon application of the tutor or person having parental authority who would otherwise be the proper defendant to be sued pursuant to Paragraph B or C of this Article, the court shall appoint or substitute as the proper defendant the best qualified among the tutor, a person having parental authority, or the appointed attorney.
Art. 732.Unemancipated Minor
Title III. Parties · Chapter 3. Parties Defendant · Last amended 2016 · Last verified July 30, 2026
In one sentenceArticle 732 bars a lawsuit from naming an unemancipated minor directly and instead directs it against the person holding parental authority, the minor's tutor, or, for a minor in state custody, a court-appointed attorney.
Full Text of Art. 732
Amendment History
Amended by Acts 2015, No. 260, §2, eff. 1/1/2016. Acts 1992, No. 106, §1, eff. 6/5/1992; Acts 1993, No. 867, §1, eff. 6/23/1993; Acts 2004, No. 26, §2.
Plain-English Summary
An unemancipated minor — a person under eighteen who has not married or obtained a court judgment freeing them from parental control — cannot be sued directly. Article 732 says so plainly in Paragraph A, then spends the rest of the article identifying who stands in the minor's place.
Ordinarily that person is whoever holds parental authority over the minor — typically a parent. But when a minor has no living parent with authority over them, or when the parents have lost that authority, Louisiana law substitutes a court-appointed tutor: an adult given legal charge of the minor's person and property. Once a tutorship exists, the tutor, not a parent, is the proper defendant. If a minor has no tutor at all, the suit can still name the minor, but the court must appoint a lawyer to represent the minor's interests until a tutor is put in place.
Paragraph D adds a modern wrinkle for minors in the legal custody of the Department of Children and Family Services — Louisiana's child-welfare agency. There, the attorney appointed by the court overseeing the minor's custody case is the proper defendant, displacing the parent-or-tutor rule in Paragraphs B and C. But the tutor or parent who would otherwise have been sued can ask the court to appoint whichever of the three — the tutor, the parent, or the attorney — is best suited to defend the minor's interests in that case.
Frequently Asked Questions
Can I sue an unemancipated minor directly in Louisiana?
No. Article 732 strips an unemancipated minor of the capacity to be sued directly. The suit must instead name the person with parental authority over the minor, the minor's tutor, or, in some cases, a court-appointed attorney.
What is a tutor, and when does a tutor replace a parent as the proper defendant?
A tutor is an adult a Louisiana court appoints to manage a minor's person and property when no parent holds parental authority over the child — for example, after both parents have died or lost their parental rights. Once a tutorship is in place, the tutor is the proper defendant instead of a parent.
What happens if a minor has no tutor and no parent with authority?
The suit can name the minor, but the court must appoint an attorney to represent the minor's interests in the case until a tutor is appointed for the minor.
Who is the proper defendant when a minor is in state custody?
Under Paragraph D, the attorney appointed by the court with jurisdiction over the minor's custody case is the proper defendant when the minor is in the legal custody of the Department of Children and Family Services. The tutor or parent who would otherwise be sued may ask the court to substitute whichever of the tutor, the parent, or the attorney is best qualified to defend the minor.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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