Fla. Admin. Code Ann. R. 64V-1.004 - Change of Paternity; Evidence Required
(1) A certified copy of a court order is
required to change the name of a father if a father was listed on the original
birth record in accordance with Section
382.013, F.S., or on an amended
record filed pursuant to Section 382.015 or paragraph (1)(b), of Section
382.016, F.S.
(2) If a mother was legally married at the
time of a child's birth and refused information on her husband, no other man
may be added to the birth record as father except by order of a court of
competent jurisdiction.
(3) An
amendment made pursuant to subsections (1) and (2), of Rule
64V-1.004, F.A.C., may only be
made by order of a court of competent jurisdiction following a proceeding where
all parties have been provided legally sufficient notice and an opportunity to
be heard by the court.
(4) A father
who was legally married to the mother at the time of the child's birth but was
omitted from the record may be added to the birth record upon receipt of a
Consenting Affidavit Acknowledging Paternity, DH Form 432 incorporated by
reference in subsection (2), of Rule
64V-1.0032, F.A.C., and a
certified copy of the marriage record. The Consenting Affidavit Acknowledging
Paternity must be signed by both the mother and the man who was her legal
husband at the time of the child's birth.
Notes
Rulemaking Authority 382.003(10), (11), 382.015(6), 382.016(1) FS. Law Implemented 382.013(2), 382.015(2), 382.016(1)(b) FS.
New 1-1-77, Formerly 10D-49.17, Amended 10-1-88, 10-1-90, Formerly 10D-49.017, Amended 11-11-98, 7-18-00, 2-29-04.
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