Under Florida law, paternity can be determined in one of three ways: (1) through marriage, where a child born during the marriage is assumed to be the husband’s child; (2) through a legal process in the Florida courts, known as an Establishment of Paternity case; or where both parties executed an affidavit of acknowledgment of paternity under penalties of perjury following the minor child’s birth and neither party rescinds the acknowledgment within sixty (60) days. Paternity grants rights to both the child and the parents. For the child, these rights include:
- Access to the family medical history
- Entitlement to child support and health insurance
- Eligibility for certain benefits, such but not limited to military allowances or social security
For the parents, paternity provides legal rights, including involvement in decisions about the child, the ability to seek child support, and the right to visitation or custody.
Establishing Paternity Through the Courts
If a child is born outside of marriage, paternity can be established in one of four ways: (1) both parents agree and sign an acknowledgment of paternity; (2) paternity is confirmed through genetic testing; (3) a court issues a paternity order; or (4) the parents marry after the child’s birth and update the birth record to reflect paternity.
When paternity is disputed, either the mother or a man who believes he is the father can file a petition to establish paternity in Florida courts. A hearing will then be held where evidence is presented, and the judge may order genetic testing. If the alleged father refuses to participate, the court may declare him the legal father by default, obligating him to pay child support if requested by the mother.
Additionally, a man who believes he is the father of a child born outside of marriage can register with the Florida Putative Father Registry to document his parental rights. This requires agreeing to potential DNA testing and committing to support the child. In return, the father must be notified and made of aware if the child is being put up for adoption.
Contesting Paternity
Conversely, a paternity petition can also be used to challenge a claim of paternity when a man believes he is not the father. The petition must be served to the child’s mother or legal guardian and include an affidavit stating that the petitioner is not the biological father and presenting new evidence. Like establishing paternity, disestablishment often depends on genetic testing results.
