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Paternity in the Orlando, Florida Area

Paternity in Florida is established through the execution of a voluntary acknowledgement of paternity that was not revoked within sixty days.

If the mother was not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person named as the father. 

The facility shall give notice of the alternatives to, the legal consequences of, and the rights, including, if one parent is a minor, any rights afforded due to minority status, and responsibilities that result from signing an acknowledgement of paternity. Upon request of the mother and the person to be named the father, the facility shall assist in the execution of the affidavit, a notarized voluntary acknowledgement of paternity, or voluntary acknowledgement of of paternity that is witnessed by two individuals and signed under the penalty of perjury as specified by Florida Statutes 92.525(2) and 382.013(2)(c).

The voluntary acknowledgement of paternity creates a rebuttable presumption subject to the right of any signatory to rescind the acknowledgement within sixty (60) days after the date of the acknowledgement was signed or the date of an administrative or judicial proceeding relating to the child, whichever is earlier.

Paternity would be established by law when there has been adjudication or by the filing of an affidavit or stipulation acknowledging paternity as provided in section 742.10, Florida Statutes.

Once a voluntary acknowledgement of paternity is signed and the father’s name is placed on the child’s birth certificate, the father becomes the child’s legal father for all purposes. As a child with both a mother and father named on their birth certificate, the child is a legitimate child. If sixty days have passed after the signing of a voluntary acknowledgement of paternity, it shall constitute 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 upon the challenger. Florida Statute 742.10(4).

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set 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.