64V-1.004. Change of Paternity; Evidence Required  


Effective on Sunday, February 29, 2004
  • 1(1) A certified copy of a court order is required to change the name of a father if a father was listed on the original birth record in accordance with Section 32382.013, F.S., 34or on an amended record filed pursuant to Section 43382.015 44or subsection (1)(b) of Section 49382.016, F.S.

    51(2) If a mother was legally married at the time of a child’s birth and refused information on her husband, no other man may be added to the birth record as father except by order of a court of competent jurisdiction.

    92(3) An amendment made pursuant to subsections (1) and (2) of Rule 10464V-1.004, 105F.A.C., may only be made by order of a court of competent jurisdiction following a proceeding where all parties have been provided legally sufficient notice and an opportunity to be heard by the court.

    139(4) A father who was legally married to the mother at the time of the child’s birth but was omitted from the record may be added to the birth record upon receipt of a Consenting Affidavit Acknowledging Paternity, DH Form 432 incorporated by reference in subsection (2) of Rule 18864V-1.0032, 189F.A.C., and a certified copy of the marriage record. The Consenting Affidavit Acknowledging Paternity must be signed by both the mother and the man who was her legal husband at the time of the child’s birth.

    225Specific Authority 227382.003(10), 228(11), 229382.015(6), 230382.016(1) FS. 232Law Implemented 234382.013(2), 235382.015(2), 236382.016(1)(b) FS. 238History–New 1-1-77, Formerly 10D-49.17, Amended 10-1-88, 10-1-90, Formerly 10D-49.017, Amended 11-11-98, 7-18-00, 2-29-04.

     

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