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Establishing Legal Paternity

Does Your Child Have a Legal Father?

• A child born to parents that are married to each other has a legal father. Married parents and their child get all the rights and benefits of having a legal father.
• A child does not have a legal father if the mother is not married when the child is born. Legal paternity has to be established for this child.

How Do I Establish Paternity for My Child?

In Florida, there are five ways to establish paternity:

• Marriage:  The parents are married to each other when the child is born

  Marriage

  If a woman is married when her child is born, her husband is the legal father of the child. They do not need to do anything to establish paternity. This paper work will be completed in the hospital by their staff. This is true even if the mother does not list her husband’s name on the child’s birth certificate.

• Acknowledgement of Paternity:  The unmarried couple signs a legal document in the hospital when the child is born, or later

  Acknowledgement of Paternity

  If the mother is not married when her child is born, the parents can establish legal paternity at birth or later by signing a form that says they are the parents of a child:

  • At birth -

    In the hospital when the child is born, the unmarried mother and the child’s father can fill out and sign the Paternity Acknowledgement form DH-511 before they leave the hospital. This is the quickest and easiest way to get paternity established when the mother is not married. The child has a legal father right from the start. Both parents must be there to fill out and sign the section in the presence of two witnesses or a notary public.
    • The man that signs the section is the legal father as soon as the form is complete.
    • The hospital sends the form to the Florida Office of Vital Statistics so they can record the birth. The legal father’s name is on the birth certificate when it is recorded.

  • Later -

    After the unmarried mother and child leave the hospital, the unwed mother and the child's father can fill out and sign an Acknowledgement of Paternity form DH-432. (English) (Spanish)
    • Parents can also get this form from their local Health Department, the Florida Office of Vital Statistics or the Department of Children and Families.
    • Both parents must fill out and sign the form in the presence of two witnesses or a notary public.
    • Parents mail the completed form to the Florida Office of Vital Statistics where the birth certificate is changed to add the legal father’s name.

  NOTE: These two methods (in-hospital Paternity Acknowledgment DH-511 or Acknowledgment of Paternity DH-432) cannot be used if the mother is married when the child is born.
• Administrative Order Based on Genetic Testing:  Paternity is ordered if a genetic test proves fatherhood

  Administrative Order for Paternity

  We can help you establish paternity without going to court with an Administrative Order. The mother, the man believed to be the father and child must take a genetic test. If the test results prove that the man believed to be the father is the biological father, we issue an Administrative Order of Paternity and tell the Florida Office of Vital Statistics to add the father’s name to the child’s birth certificate. Many people prefer this method because:

  • There is no need to go to court
  • There is no cost for the genetic test
  • The order is based on genetic test results
  • The administrative order is just as legal as a court order
  • The genetic test is easy and very reliable
  • If possible, we can move quickly to get child support if the test results are positive

  Not all cases can use this method. If you have a case with us, we will review it to see if this is the best method for your situation. For more information on how this method works, or to see how we handle getting child support in these cases, go to Administrative Support Procedure.

• Court Order:  A judge orders paternity in court

  Court Order for Paternity

  A judge can establish paternity through a court order. We ask the court to hear the case and then a judge decides if paternity is established or not. In many cases until the paternity has been legally established the man is referred to as the “alleged father”. Based on the evidence, the judge may issue an order that says the man is the child’s father. A judge can also establish paternity in other kinds of court actions, such as divorce or dependency. In court cases:

  • The parties must appear for the court hearing as scheduled
  • The court may order a genetic test
  • One or both parties may be ordered to pay for the genetic test and other court costs
  • If the alleged father was served but does not show up for court, the judge may choose to “default” him and make him the legal father without him being there
  • If the mother and father agree to legal paternity before the actual day of the court hearing they can sign a consent order that is adopted by the court as a final order
• Legitimation:  The mother and natural father get married to each other after the child is born and update the birth record through the Florida Office of Vital Statistics

  Legitimation

  If the mother is not married when the child is born, but later marries the child’s father, the law presumes the husband to be the child’s legal father. When this happens, the father’s name is not automatically added to the child’s birth certificate. To add the father’s name to their child’s birth certificate, the parents must send two documents to the Florida Office of Vital Statistics:

  • A certified copy of their marriage certificate
    
    AND
    
    
  • A completed Acknowledgement of Paternity form DH-432, signed by both parents: (English) (Spanish)

Genetic Testing

A genetic test is a scientific test used to prove if a man is the child’s father. Sometimes it is also called a DNA test. We do not use needles or need blood to do the test. It works this way:

• The man believed to be the father, the mother, and the child are scheduled for a genetic test appointment.
• Everyone must show up for their appointment and bring picture identification.
• At the appointment, the lab worker takes a picture of the person being tested, gets a fingerprint, and reviews and photocopies the picture identifications. We are careful to check identification so that we are sure the test is being done on the correct person or persons.
• The lab worker wipes the inside of the cheek of each person with a small swab, similar to a large q-tip, to get a sample of cells the lab will use for the genetic test.
• The lab worker seals and ships the cell samples and identification to the genetic testing laboratory.
• The laboratory compares the cells of the mother, the man believed to be the father, and the child to get a test result.
• The laboratory sends the test results to us, and we send copies to the mother and the man believed to be the father.

Genetic test results are reliable and proof that the man who took the test is or is not the father of the child. We use laboratories certified in genetic testing. We do not accept genetic test results for any other laboratories. Once the genetic test results are received from the laboratory doing the testing, you will receive the results in the mail. We are NOT AUTHORIZED to reveal any testing results (positive or negative) to anyone over the phone.

Genetic testing is always a part of the Administrative Order method. Sometimes a judge will order genetic testing in court. Regardless of the method, if the mother or the possible father has any doubt about who the real father is, we recommend a genetic test.