561.391.1333 1900 Glades Road, Suite 351, Boca Raton, FL 33431
Weiner & Weiss, LLC
Competent Exceptional Accessible Compassionate

Who’s Your Daddy ?: THE ESTABLISHMENT OF PATERNITY BY NON-BIOLOGICAL FATHER

In the United States 40.8% of all births are to unwed mothers[1]. In the State of Florida, if the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person to be named as the father.  

So here is the question, can a male who is not the biological father execute a Voluntary Acknowledgment of Paternity affidavit  and sign the birth certificate. The answer is YES.

Florida Statue 382.013(2)(c), states in pertinent part .

(c) If the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person to be named as the father. The facility shall give notice orally or through the use of video or audio equipment, and in writing, of the alternatives to, the legal consequences of, and the rights, including, if one parent is a minor, any rights afforded due to minority status, and responsibilities that arise from signing an acknowledgment of paternity, as well as information provided by the Title IV-D agency established pursuant to s. 409.2557, regarding the benefits of voluntary establishment of paternity. Upon request of the mother and the person to be named as the father, the facility shall assist in the execution of the affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2).

Florida Statue 382.013, does not require the person to be named as the father, to be the biological Father.

The 2DCA in the recent case of Weelde v. Weelde, gives further discussion on the issue.




[1] http://www.cdc.gov/nchs/fastats/unmarry.htm

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

Weiner & Weiss, LLC
Weiner & Weiss, LLC
1900 Glades Road Suite 351 Boca Raton, FL 33431
561.391.1333 There Is No Substitute for Experience

Weiner & Weiss, LLC is located in Boca Raton, FL and serves clients in and around Boca Raton, Delray Beach, Deerfield Beach, Pompano Beach, Palm Beach, Pahokee, West Palm Beach, Fort Lauderdale, Hollywood, Dania, Loxahatchee, Pembroke Pines, Broward County and Palm Beach County.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]

See our profile at Lawyers.com or Martindale.com.

LexisNexisLexisNexis, Martindale-Hubbell and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
© 2012 LexisNexis. All rights reserved.

Quick Contact Form
  • This field is for validation purposes and should be left unchanged.