Paternity

How to Legally Establish Paternity in Florida 

In legal terms, paternity refers to the formal establishment of a child's father, along with all the rights and responsibilities that come with it. While maternity is typically obvious, paternity often requires legal steps to confirm. 

Establishing paternity is critical—it affects the child’s access to health information, financial support, and government benefits, and it also defines parents’ legal rights regarding custody and decision-making. 

Below, our experienced Florida paternity attorney explains the five ways to establish paternity under Florida law: 

1. Paternity by Marriage 

When a child is born to a married couple, the husband is automatically recognized as the legal father. No additional action is needed to establish paternity in these cases. 

 

2. Voluntary Acknowledgment of Paternity 

Unmarried parents can voluntarily establish paternity by signing an Acknowledgment of Paternity form. This can be completed at the hospital after the birth or later at a state office. 
Note: This option is only available if the mother was not married at the time of the child's birth. 

 

3. Court-Ordered Paternity Test 

When paternity is disputed, either parent may petition the court. A judge will review evidence, may order genetic testing, and ultimately issue a ruling to legally establish paternity. 

 

4. Administrative Order Based on Genetic Testing 

In cases where both parties agree, paternity can be established through a simple DNA test without going to court. If testing confirms the biological relationship, the Florida Department of Revenue can issue an administrative order establishing paternity. 

 

5. Legitimation Through Marriage 

If unmarried parents later marry, Florida law presumes the husband is the child's legal father. However, to update the birth certificate, parents must submit: 

·       A copy of the marriage certificate 

·       A completed Acknowledgment of Paternity 

·       An Affirmation of Common Child Born in Florida form to the Florida Office of Vital Statistics. 

 

Why Establishing Paternity Matters 

Establishing paternity ensures children have access to: 

·       Family medical history 

·       Financial support 

·       Health and life insurance benefits 

·       Inheritance rights 

·       Government benefits like Social Security and military benefits 

For parents, it secures legal rights regarding child support, custody, visitation, and decision-making for the child’s welfare.  

Disestablishment of Paternity 

In situations where a man has been incorrectly identified as a child’s biological father, the law now provides a more accessible process to disestablish paternity: 

    •    A petition can be filed in court along with genetic test results proving the man is not the biological father 

    •    This protects individuals from unjust financial obligations while ensuring that all parties are treated fairly under the law 

 

 What These Changes Mean for Florida Families 

 These legal updates mark a significant step toward a more just and efficient family law system in Florida. By making it easier to confirm or challenge paternity, promoting co-parenting, and ensuring children receive the support they need, the state has prioritized stability, fairness, and the best interests of children. 

​

For more information, please use the form below or call us at: 954.529.2057