Florida Regulations 64V-1.0032: Birth Certificate Amendments by Paternity Establishment/Disestablishment; Judicial and Administrative Process
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(1) Any judgment establishing paternity entered by a Florida court pursuant to Section 742.10 or 382.015(2), F.S., or disestablishing paternity by a Florida court pursuant to Florida Statutes § 742.18, shall be recorded on a Certified Statement of Final Judgment of Paternity, DH Form 673, Aug. 06, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07187. Upon receipt of a Certified Statement of Final Judgment of Paternity, DH Form 673, completed and certified by the clerk of the circuit court entering the paternity judgment, the department shall amend the birth certificate if the child was born in this state.
(2) Upon receipt of a final order establishing paternity or a final order of paternity and child support rendered pursuant to Florida Statutes § 409.256, the department shall amend the birth certificate if the child was born in this state.
(3) A request to amend a birth certificate upon written request of the parents pursuant to paragraph (1)(b), of Florida Statutes § 382.016, shall be submitted on an Acknowledgment of Paternity, DH Form 432, Feb. 06, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07189. The Acknowledgment of Paternity, DH 432, must be signed by both parents before a notarizing official or before two witnesses.
(4) An acknowledgment of paternity that was made at the hospital at the time of a child’s birth or subsequently by acknowledging paternity pursuant to paragraph (1)(b), of Florida Statutes § 382.016, may be rescinded by either party within 60 days of the date the acknowledgment was signed by filing a Paternity Acknowledgment Rescission Affidavit, DH Form 2102, May 98, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07190. Filing a rescission will not affect the parentage as recorded on the birth record and if the father’s name, is to be removed, an order from a court of competent jurisdiction directing that the birth record be amended to remove the father’s name is required.
(5) Any judgment establishing paternity resulting from an affirmation of paternal status for gestational surrogacy pursuant to Florida Statutes § 742.16, shall be recorded on a Certified Statement of Final Order of Affirmation of Parental Status, DH Form 1905 (04/16), hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07191.
Rulemaking Authority 382.003(10), (11), 382.015(6), 382.016(1), 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.015(2), (3), 382.016(1)(b), 742.10, 742.16, 742.18(8), 409.256(11)(d) FS. History-New 11-11-98, Amended 7-18-00, 2-29-04, 10-19-04, 5-13-08, 7-31-16.
Terms Used In Florida Regulations 64V-1.0032
- 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.
- 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.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(3) A request to amend a birth certificate upon written request of the parents pursuant to paragraph (1)(b), of Florida Statutes § 382.016, shall be submitted on an Acknowledgment of Paternity, DH Form 432, Feb. 06, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07189. The Acknowledgment of Paternity, DH 432, must be signed by both parents before a notarizing official or before two witnesses.
(4) An acknowledgment of paternity that was made at the hospital at the time of a child’s birth or subsequently by acknowledging paternity pursuant to paragraph (1)(b), of Florida Statutes § 382.016, may be rescinded by either party within 60 days of the date the acknowledgment was signed by filing a Paternity Acknowledgment Rescission Affidavit, DH Form 2102, May 98, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07190. Filing a rescission will not affect the parentage as recorded on the birth record and if the father’s name, is to be removed, an order from a court of competent jurisdiction directing that the birth record be amended to remove the father’s name is required.
(5) Any judgment establishing paternity resulting from an affirmation of paternal status for gestational surrogacy pursuant to Florida Statutes § 742.16, shall be recorded on a Certified Statement of Final Order of Affirmation of Parental Status, DH Form 1905 (04/16), hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07191.
Rulemaking Authority 382.003(10), (11), 382.015(6), 382.016(1), 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.015(2), (3), 382.016(1)(b), 742.10, 742.16, 742.18(8), 409.256(11)(d) FS. History-New 11-11-98, Amended 7-18-00, 2-29-04, 10-19-04, 5-13-08, 7-31-16.