Florida Regulations 64V-1.004: Change of Paternity; Evidence Required
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(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 Florida Statutes § 382.013, or on an amended record filed pursuant to Section 382.015 or paragraph (1)(b), of Florida Statutes § 382.016
(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 Fl. Admin. Code R. 64V-1.004, 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 Fl. Admin. Code R. 64V-1.0032, 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.
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. History-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.
Terms Used In Florida Regulations 64V-1.004
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) An amendment made pursuant to subsections (1) and (2), of Fl. Admin. Code R. 64V-1.004, 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 Fl. Admin. Code R. 64V-1.0032, 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.
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. History-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.