Paternity

If the mother is married, the mother's husband at birth is the legal father of the child. Neither parent needs to do anything to establish paternity. This paperwork is completed by the hospital. If the mother is married but does not list her husband's name on the child's birth certificate, paternity must be addressed in court.

If the mother and father are not married when the child is born, the child's father can fill out and sign the Paternity Acknowledgment  form (also called the DH-511) in the hospital. Both parents must fill out and sign the form in the presence of a notary public provided by the hospital. This is the quickest and easiest way to establish paternity when the mother and father are not married.

The man that signs the DH-511 form is the legal father as soon as the form is complete. The hospital will send the form to the Florida Bureau of Vital Statistics so they can record the birth. The legal father's name will also be on the birth certificate when it is recorded. Note: This option cannot be used if the mother is married when the child is born.

If the mother is unmarried when the child is born, but later marries the child's father, the husband becomes the legal father. When this happens, the father's name is not automatically added to the child's birth certificate.

To add the father's name to the birth certificate, the parents can complete The Affirmation of Common Child(ren) Born in Florida  form (DH-743A) or provide a written statement under oath to the Clerk of Court when they apply for their marriage license. The DH-743A form will be provided to the parents by the Clerk of Court when the parents return the completed marriage license. The Clerk of Court will send the completed form or written statement to the Florida Bureau of Vital Statistics so the father's name can be added to the birth certificate.

After the child's birth and any time until the child reaches age 18, the mother and child's father can establish paternity if they fill out and sign the Acknowledgment of Paternity form (Form DH-432) ^*. Both parents must fill out and sign this form in the presence of two witnesses or a notary public. This form is also available by visiting your local Florida Health Department, the Florida Bureau of Vital Statistics in Jacksonville, or one of the Florida Department of Children and Families offices.

Mail the completed form to the Florida Bureau of Vital Statistics and they will change the birth certificate to add the legal father's name. Note: This option cannot be used if the mother was married when the child was born.

^*Please note: if you print this form, it prints on legal size paper.

Paternity is determined by a judge in court

Paternity can be established by filing a civil action in circuit court. A judge can establish paternity by court order. We will ask the court to hear the case and then a judge decides whether or not paternity is established. Until paternity is legally established the man is referred to as the "alleged father." Based on the evidence, the judge may issue an order that says the man is the child's father. A judge can also establish paternity in other kinds of court actions, such as divorce or dependency.

In court cases:

• The party who files the action must be served.
• If both parents agree to legal paternity before the actual day of the court hearing they can sign a consent order that is adopted by the court as the final order.
• Both parents must appear for the court hearing as scheduled.
• If the alleged father was served, but does not show up for court, the judge may choose to "default" the alleged father and make him the legal father without him being there.
• The court may order a genetic test.
• One or both parents may be ordered to pay for the genetic test and any other court costs.

Paternity is determined by the Child Support Program in a Final Order

We can help parents determine paternity without going to court. To do this,

• the mother,
• the man believed to be the father, and
• the child(ren)

must provide genetic samples that are tested. If the test results prove that the man believed to be the father is the biological father, we issue an Administrative Order of Paternity and tell the Florida Bureau of Vital Statistics to add the father's name to the child's birth certificate. With this method:

• There is no need to go to court.
• There is no cost for the genetic test.
• The order is based on genetic test results that prove paternity.
• The order has the same effect as a paternity judgement issued by the court.
• The genetic test is easy and reliable.
• If the test results are positive, we move to get child support.

Please note: We will review your cases to see which order method listed above is the best option for your case.

Learn more about the genetic testing process.