Establishing Paternity in Florida
How paternity is established in Florida: the voluntary acknowledgment form, court orders, genetic testing and deadlines.
Short answer: Paternity of a child born outside marriage can be established by a voluntary acknowledgment of paternity signed by both parents, either notarized or witnessed by two people and signed under penalty of perjury, with both parents' Social Security numbers. Fla. Stat. §§ 742.10, 742.12
| Establishing paternity | Paternity of a child born outside marriage can be established by a voluntary acknowledgment of paternity signed by both parents, either notarized or witnessed by two people and signed under penalty of perjury, with both parents' Social Security numbers. It creates a rebuttable presumption of paternity, and either signer may rescind it within 60 days after signing or by the date of an administrative or court proceeding about the child in which the signer is a party, whichever is earlier. After 60 days it establishes paternity and can be challenged in court only for fraud, duress or material mistake of fact. In a court paternity case, the court may order genetic (scientific) testing on its own or on a party's sworn request; a result of 95% or more creates a rebuttable presumption of paternity. Source: Fla. Stat. §§ 742.10, 742.12 |
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Where to get help in Florida
More Florida divorce & family law
- Getting a Marriage License in Florida
- Adopting a Child in Florida
- Guardianship of a Child or Adult in Florida
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- Child Custody Laws in Florida
- How Child Support Is Calculated in Florida
- Divorce Records in Florida
- Alimony and Spousal Support in Florida
- How to File for Divorce in Florida
- Legal Separation and Annulment in Florida
- All Florida divorce & family law rules
FAQ
How do you establish paternity in Florida?
Paternity of a child born outside marriage can be established by a voluntary acknowledgment of paternity signed by both parents, either notarized or witnessed by two people and signed under penalty of perjury, with both parents' Social Security numbers. It creates a rebuttable presumption of paternity, and either signer may rescind it within 60 days after signing or by the date of an administrative or court proceeding about the child in which the signer is a party, whichever is earlier. After 60 days it establishes paternity and can be challenged in court only for fraud, duress or material mistake of fact. In a court paternity case, the court may order genetic (scientific) testing on its own or on a party's sworn request; a result of 95% or more creates a rebuttable presumption of paternity.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.