64V-1.004. Change of Paternity; Evidence Required

(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 382.013, F.S., or on an amended record filed pursuant to Section 382.015 or subsection (1)(b) of Section 382.016, F.S.

(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.

(3) An amendment made pursuant to subsections (1) and (2) of Rule 64V-1.004, F.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.

(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 64V-1.0032, F.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.

Specific Authority 382.003(10), (11), 382.015(6), 382.016(1) FS. Law Implemented 382.013(2), 382.015(2), 382.016(1)(b) FS. History–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.