Arnelle Strand, P.A.

In Florida there MUST be a legal establishment of paternity to establish rights.  Acknowledgment alone is insufficient.

What does "establishing paternity" mean?

When a married couple has a child, most state laws automatically recognize the husband as the biological father. If an unmarried couple has a child, state laws do not necessarily recognize the man as the legal, biological father. Establishing paternity means that the father takes legal action to indicate he is the biological father.

Why should I establish paternity?

Legally establishing paternity of a child can help provide social, economic, and emotional ties between a father and his child. You can also ensure the child receives the same rights and privileges as every other child, including inheritance rights, access to the father's medical and life insurance benefits, and access to Social Security and veterans' benefits.

Establishing paternity can give children a chance to develop a relationship with their father. They can develop a sense of identity and connection with their father's family. Additionally, it may be important for children to know their father's medical history, particularly if there is a history of medical conditions in the father's family.

Equally as important as the social and economic benefits, is the child's right to know and form a relationship with both parents. Also, many states will not allow a father's name to be placed on the birth certificate, unless he is married to the child's mother. Establishing paternity will allow the child to have the father's name.

If the child's father or mother decides not to establish paternity, the child will not be entitled to the father's surname, nor will the child receive any benefits.

How do I establish paternity?

There are several ways you can establish paternity, and we explain a few different ways here. There are more avenues to take than the ones we describe here; if these are not feasible in your situation, refer to your own state laws to determine the best scenario.

Acknowledgment of paternity
Paternity Acknowledgment is the name given to the voluntary process of the unwed father being recognized as the biological father of a child (or children), primarily for child support purposes. This is usually signed at the hospital after the child is delivered. Every state has different laws, but basically, when the mother signs the acknowledgment she is verifying that she was unwed at the time of the birth and that the named man is the biological father of the child. When the father signs the acknowledgment, he agrees that he is the biological father of the child and that he will be responsible for the child's financial and medical support until adulthood. A Paternity Acknowledgment is usually for child support purposes, and the rights pertaining to visitation and custody vary.

Most states allow a certain period of time (a few days) after the birth of the child before the Acknowledgment of Paternity has to be signed. If you have any doubts about paternity, you can test the child after birth because it is easy and painless.

An acknowledgment of paternity may also be called Declaration of Paternity (DOP), Recognition of Paternity (ROP), Paternity Establishment, Paternity Opportunity Program (POP), and A Simple Acknowledgment of Paternity (ASAP Program).

Assumed Paternity
Individual states have developed a set of circumstances that, if met, automatically presumes paternity. The most common circumstance is known as the Mansfield Rule. Essentially, this rule states that if a child is conceived within marriage, the husband is presumed to be the father. Since this presumption is not always correct, some states have introduced legislation to challenge or rebut this presumption.

Default Establishment
In some states, paternity can be established by default. Conditions vary, but essentially, if a man does not fulfill certain obligations, he will be named as the legal father of the child(ren). For example, in Illinois, paternity can be established by default when an alleged father fails to attend a scheduled interview or to go for a scheduled genetic test and has been properly served with a notice to appear.

Judicial Establishment
The judicial process is used when the alleged father refuses to acknowledge paternity. This process can also be used when a mother does not acknowledge the paternity of a man who believes he is the child’s father. With the legal recognition of paternity through the court, the father is responsible for the monetary support of the child according to the state’s child support guidelines. The father will also have the right to visitation.

Fathers or potential fathers must register with the Florida Putative Father Registry.  These forms and other information are available at:

http://www.doh.state.fl.us/planning_eval/vital_statistics/Putative.htm