Establishing paternity gives legal rights to both parents and benefits the child in several ways. When you establish paternity, your child can access health insurance, child support, and other financial support. They might also qualify for benefits like Social Security or military allowances. Paternity gives the child a full family medical history, which can help with future healthcare needs. It also allows both parents to ask the court for child support orders and custody arrangements. Establishing paternity helps everyone involved move forward with clarity.
When Paternity Is Established Automatically
If a mother is married when she gives birth, the law automatically considers her husband the child’s legal father. The hospital completes paperwork listing the mother’s husband as the legal father without the parents having to take any extra steps. If the mother is married but does not list her husband on the birth certificate, court intervention might be necessary to establish paternity. If a mother wants to name someone other than her husband as the father, she will likely need a court order.
Voluntary Establishment of Paternity for Unmarried Fathers
Unmarried parents can establish paternity without going to court. The fastest way is by signing a Paternity Acknowledgment form (DH-511) at the hospital after the child’s birth. Both parents must sign the form in front of a notary. The hospital then sends the form to the state. Once that happens, the man becomes the legal father, and his name appears on the birth certificate. Parents who wait until later can still establish paternity with a Form DH-432 signed in front of two witnesses or a notary.
Establishing Paternity Through Legitimation
If the mother was not married when the child was born but later marries the child’s father, the law allows the father to become the legal father. This is called legitimation. To update the birth certificate, the parents must complete a Form DH-743A or give a written statement under oath when they apply for a marriage license. They must return the paperwork to the Clerk of Court, who will send the documents to the Florida Bureau of Vital Statistics.
Court-Ordered Paternity in Florida
If parents do not agree about paternity, one of them can file a court case. During the case, the judge may order genetic testing and decide whether to issue a legal finding of paternity. Both parents must attend the court hearing unless one fails to appear after being served. In some cases, if the alleged father does not appear in court, the judge may enter a default order and name him the child’s legal father. A court order of paternity can come from a paternity case or from another proceeding like a divorce or child dependency case. After the court signs the paternity order, the state can update the birth certificate.
Administrative Paternity Orders from the Florida Department of Revenue
Parents can work with the Florida Department of Revenue to establish paternity without having to go to court. The department offers free genetic testing. The mother, child, and alleged father must all provide DNA samples. If the test shows that the man is the biological father, the department will issue an Administrative Order of Paternity. This order has the same legal effect as a court order. The department also tells the state to add the father’s name to the birth certificate. After paternity is confirmed, the department can begin the process of setting up child support, if necessary.
Contact a Florida Family Law Attorney
At Downyok & Downyok, P.A., we help parents understand Florida law and take action with confidence. Whether you want to establish paternity voluntarily or need help going to court, our attorneys can help. Contact our office today to arrange your initial consultation and get clear answers for your unique situation.
