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How to Establish Paternity in the Orlando, Florida Area

There are several ways to establish paternity in the Orlando, Florida area. The mother of a child born out of wedlock and a father who has established paternity under Florida Statute 742.011 or Florida Statute 742.10(1) are the natural guardians of the child entitled and subject to the rights and responsibilities of parents as of July 2023. 

Paternity is established under Florida Statute 742.10(1) if :

1. The establishment of paternity has been raised and determined within an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers’ compensation or similar compensation programs;
2. An affidavit acknowledging paternity, or a stipulation of paternity is executed by both parties and filed with the clerk of court;
3. If an affidavit, a notarized voluntarily acknowledgement of paternity, or a voluntary acknowledgement of paternity that is witnessed by two individuals and signed under the penalty of perjury as provided for in Florida Statute 382.013 or Florida Statute 382.016 is executed by parties by both parties;

In order to establish paternity, both parents must provide their social security numbers on any acknowledgement of paternity, consent, affidavit, or stipulation of paternity. After 60 days from the date acknowledgement was signed or date an administrative or judicial proceeding related to the child including a proceeding to establish a support order, in which the signatory is party, whichever is earlier, if not rescinded, a signed acknowledgement of paternity constitutes an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the challenger. Legal responsibilities may not be suspended during the challenge, except upon a finding of good cause by the court. Or, if paternity is adjudicated by the Department of Revenue as provided in Florida Statute 409.256.  

Further, in the case of ND v. JB, 49 FLW ( 2d DCA March 15, 2024), the court in that case held that if the mother is not married at the time of birth, the name of father may not be entered on the birth certificate without execution of an affidavit signed by both the mother and the person to be as the father. The court ruled that because the person was named as father on the child’s birth certificate, he was not required to prove that the underlying document was executed correctly. The court concluded that because the person’s name appears on the child’s birth certificate as the child’s father, the court must conclude that the hospital complied with section 382.03 (2) (C) by obtaining an affidavit or voluntary acknowledgement of paternity. 

If you have more questions regarding Paternity or a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.