Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64V - Vital Statistics › Chapter 64V-1 - VITAL RECORDS AND ASSOCIATED ACTIVITIES › Part II - AMENDMENT OF BIRTH CERTIFICATES › Section 64V-1.0032 - Birth Certificate Amendments by Paternity Establishment/Disestablishment; Judicial and Administrative Process

Current through Reg. 50, No. 138; July 16, 2024
(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				   382.016, F.S., may be rescinded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
.
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, 7-31-16.