In the United States 40.8% of all births are to unwed mothers. 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.
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