Fla. Admin. Code R. 64V-1.0032

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64V-1.0032 - Birth Certificate Amendments by Paternity Establishment/Disestablishment; Judicial and Administrative Process

(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 Section 742.18, F.S., 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 Section 409.256, F.S., 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 Section 382.016, F.S., 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child's birth or subsequently by acknowledging paternity pursuant to paragraph (1)(b), of Section 382.016, F.S., may be rescinded by either party within 60 days of the date the acknowledgment was signed by filing a Paternity Acknowledgment Rescission Affidavit, DH Form 2102, May 98,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 Section 742.16, F.S., 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.

Fla. Admin. Code Ann. R. 64V-1.0032

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.

New 11-11-98, Amended 7-18-00, 2-29-04, 10-19-04, 5-13-08, Amended by Florida Register Volume 42, Number 139, July 19, 2016 effective 7/31/2016.

New 11-11-98, Amended 7-18-00, 2-29-04, 10-19-04, 5-13-08, 7-31-16.