proper use of a voLuntarY acknowLeDgement of paternitY
Marital & Family law Section Chair : Amber Boles – Law Office of Amber Boles , P . A .
Chapter 742 , Florida Statutes , is used to establish paternity of children born out of wedlock . Section 742.10 ( 1 ) sets forth the methods for establishing a paternity case , including an adjudication of paternity by the Department of Revenue in an administrative support proceeding or a signed stipulation of paternity by both parents that is filed with the clerk of court .
When no stipulation exists , and no proceedings have been instituted , section 742.10 ( 1 ) provides another way to establish paternity : both biological parents must complete a “ voluntary acknowledgement of paternity ,” which is signed under penalty of perjury , notarized , and witnessed by two individuals . This acknowledgment creates a rebuttable presumption of paternity that , unless it is timely rescinded within 60 days of execution , may be set aside only based on “[ f ] raud , duress , or material mistake of fact , with the burden of proof upon the challenger .”
If a child was born more than 60 days ago in a health care facility in the State of Florida and the biological father is listed on the birth certificate , a voluntary acknowledgment of paternity already exists . A “ certificate of live
birth ” must be filed within five days of any birth occurring in a hospital , birth center , health care facility , or on the way to one of the foregoing . 1 A biological father ’ s name cannot be listed on the birth certificate by a facility , unless both parents execute an affidavit and the father is advised of the consequences and responsibilities arising from signing the affidavit and placing his name on birth certificate . 2 If the biological parents want the father listed on the birth certificate , a Florida health care facility must have the parents execute the voluntary acknowledg ment of paternity within five days of the birth . The birth certificate itself is insufficient because it does not include the notarized signatures of both parents or the signatures of two witnesses .
The affidavit most frequently executed by parents is the Voluntary Acknowledgement of Paternity ( Form DH432 ) issued by the Florida Department of Health . If completed properly , this form comports with the requirements of a voluntary acknowledgment of paternity under section 742.10 ( 1 ). Many biological parents do not have a copy of the voluntary acknowledgement of paternity ,
a biological father ’ s name cannot be listed on the birth certificate by a facility , unless both parents execute an affidavit .
even if they have a copy of the birth certificate . A parent can easily obtain a copy from the records department of the facility where the child was born . If the facility does
© Can Stock Photo / vaeenma not have it , a copy can also
be requested from the State of Florida ’ s Department of Vital Statistics .
After being armed with an acknowl - edge ment , family law practitioners should allege in their pleadings that paternity over the minor child is established under sections 742.10 ( 1 ) and 382.13 ( 2 )( c ), Florida Statues , and attach a copy of the acknowledge ment . Proceeding in this manner from the outset of a paternity case avoids unnecessarily duplicating an establishment of paternity and allows an attorney to immediately assert or defend the father ’ s legal rights and obligations to the minor child .
1
Fla . Stat . § 382.013 ( 2010 ).
2
Fla . Stat . § 382.013 ( 2 )( c )( 2010 ).
Author : Lexie Reord Larkin - Larkin Law , LLC
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