In Florida Does Boyfriend Have Legal Rights to Baby
Fatherhood in Florida
Florida courts have been firm in asserting that a child has merely one father, and that paternal rights and responsibilities cannot be spread or shared betwixt two or more individuals.1 Still, the reality of the police force is somewhat more than complex. A man may be a presumptive father, a putative begetter, a prospective male parent, or an single biological father, and yet take no rights other than notice of proceedings with respect to the child. If the child is built-in to a woman who is married to someone other than the human being in question, he may be entitled to fifty-fifty less.2 Paternity has been distinguished from legitimacy and then that the rights and duties of fatherhood can sometimes be shared, or transferred from i man to another, without disturbing the child'due south legitimate condition.3 A man may exist proven to be the biological father of the child, but not be recognized to have any parental rights.4 Parents may stipulate in a dissolution of matrimony instance that the husband is not the father of the married woman's and so unborn child. Thereafter, the male parent may exist required to be joined as a party in a termination of parental rights case considering his rights go along.5
This article will provide a broad overview of what information technology means to exist a father under different statutes, and will summarize, compare, and analyze the current law of fatherhood in Florida, not only under the paternity statute itself, but likewise under the statutes apropos dependency, dissolution of union, adoption, and other statutes.6
Fatherhood under Ch. 39
Department 39.01(49) defines what it means to be a "parent":
"Parent" means a woman who gives nascence to a child and a human whose consent to the adoption of the child would exist required under Sec. 63.062(i) . If a child has been legally adopted, the term "parent" means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of Sec. 39.503(one) or due south. 63.062(1) (accent added).
Section 63.062(1) enumerates those persons whose consent to the adoption of the child is required as follows:7
[A] petition to end parental rights awaiting adoption may be granted only if written consent has been executed as provided in Sec. 63.082 after the birth of the pocket-size or notice has been served under Sec. 63.088 to. ..
(b) The father of the small, if:
1. The minor was conceived or built-in while the male parent was married to the mother;
2. The minor is his child by adoption;
3. The pocket-size has been adjudicated by the courtroom to be his child by the date a petition is filed for termination of parental rights;
four. He has filed an affirmation of paternity pursuant to Sec. 382.013(two)(c) by the date a petition is filed for termination of parental rights; or
v. In the case of an single biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acquittance with the Function of Vital Statistics of the Section of Wellness inside the required time frames, and has complied with the requirements of subsection (2).
Ch. 39, different Ch. 63, uses gender-neutral linguistic communication, and does not use the terms "putative begetter" or "single biological begetter." Instead, Ch. 39 uses the term "prospective parent," which information technology defines as a "person who claims to be, or has been identified equally, a person who may be a mother or a begetter of a child."eight A prospective parent is not a parent under Ch. 39 unless "the parental condition falls within the terms of Sec. 39.503(1)." Therefore, a prospective father may be regarded as a parent if he was married to the mother at the likely time of conception of the kid or at the time of birth of the child; if he was cohabiting with the mother at the probable fourth dimension of conception; if the mother has received payments or promises of back up with respect to the child or because of her pregnancy from him and if he claims to exist the begetter; if the female parent has named him as the father on the birth certificate or in connection with applying for or receiving public aid; or if he has acknowledged or claimed paternity of the child.9 The statute does not specify the manner in which one must acknowledge or merits paternity.
Likewise, according to Ch. 39, a person identified every bit a prospective father may exist regarded equally a parent if he fits nether the provisions of §63.062(1) as a person whose consent is necessary for adoption. This identical language is included in the definition of "parent" under Ch. 39 and adds further to the confusion in meaning.
Department 39.503(eight) provides a mechanism for a prospective begetter to become a "party to the proceedings" and to be treated every bit a "parent":
[T]chapeau person must be given the opportunity to get a political party to the proceedings past completing a sworn affidavit of parenthood and filing it with the court or the section. A prospective parent who files a sworn affidavit of parenthood while the kid is a dependent child but no later than at the fourth dimension of or prior to the adjudicatory hearing in any termination of parental rights proceeding for the child shall exist considered a parent for all purposes under this section unless the other parent contests the determination of parenthood. If the known parent contests the recognition of the prospective parent as a parent, the prospective parent shall not exist recognized as a parent until proceedings under chapter 742 have been concluded. However, the prospective parent shall go on to receive observe of hearings as a participant awaiting results of the chapter 742 proceedings.
When a termination of parental rights petition has been filed, an abbreviated version of that procedure applies.10
The time period in which a prospective father may establish paternity under Ch. 39 is different and longer than under Ch. 63. Under Ch. 39, the sworn affidavit of parenthood must be filed "no afterwards than at the time of or prior to the adjudicatory hearing in the termination of parental rights proceeding for the child."11 Nether Ch. 63, the affidavit of paternity must be filed by the time of the filing of the petition for termination of parental rights, although this time flow will be extended in some situations to a appointment 30 days after the service of the find of intended adoption plan.12
Chapter 39 does not address biological paternity or DNA testing, and raises no presumptions concerning paternity from exam results. Although §39.503(1) requires the courtroom to conduct a specific inquiry13 as to paternity, it does non include the provision contained in Ch. 63 that if the inquiry identifies the male parent every bit a "homo to whom the mother of the modest was married," a "human who has filed an affidavit of paternity. .. earlier the appointment that the petition for termination of parental rights is filed with the court," or a "man who has adopted the child," " the enquiry may not continue any further. "fourteen It is, therefore, not uncommon under Ch. 39 for more than one human to be identified as the prospective male parent with the "opportunity" set along in §39.503(8). It is also not uncommon under Ch. 39 to accept a prospective father identified through inquiry even though the mother is married to a different man.
The court has no dominance to determine a disputed issue of paternity in a Ch. 39 proceeding.fifteen Furthermore, fifty-fifty though personal jurisdiction over the parents is irrelevant to the practice of the court's jurisdiction in adjudicating a child to exist dependent under Ch. 39, absent personal jurisdiction over the parent in question, the courtroom has no potency under Ch. 39 to club DNA testing.16 When paternity is contested, the parent, the Department of Children and Families, or some other party or agency must initiate an advisable proceeding in the family division of the circuit court.17 If the alleged or prospective father resides out of state, and personal jurisdiction cannot be obtained under the long-arm statute, the parent, DCF, or another party must petition the country courtroom with jurisdiction (generally the land in which the child was conceived) for paternity or other appropriate relief.xviii
Fatherhood nether Ch. 61
It is clearly the police in Florida that a child born or conceived during a lawful wedlock is a legitimate child of the mother and the man to whom she is married.19 Thus, a putative father is generally not allowed to intervene in a dissolution of marriage proceeding to assert paternity over the objection of the husband.xx Likewise, he will mostly not exist able to successfully file an action for paternity over the objection of the husband nether Ch. 742.21 However, it may exist narrowly possible for the putative father to found paternity fifty-fifty over the objection of the husband through a Ch. 742 proceeding or a declaratory judgment activity, if the putative male parent is able to prove that he has established a relationship with the child and that the married man has been remiss in fulfilling his role as a father.22
Since 1997, withal, there has been a difference in Florida between "legitimacy" and "paternity." Those 2 concepts are "related, just notwithstanding separate and distinct concepts." Every bit the result of Daniel v. Daniel, 695 And then. 2d 1253, 1254 (Fla. 1997), a child can exist a legitimate child of a union, but have no correct of support from the man to whom the mother was married on the appointment of nascency. A husband can deny paternity in a dissolution of union proceeding and avoid any duty of support. Although HRS five. Privette, 617 So. 2d 305, 309 (Fla. 1993) and some of its progeny23 have spoken of terminating the parental rights of the hubby, other cases brand information technology clear that the rights of a parent may not be terminated in any proceeding other than a termination of parental rights proceeding under Ch. 39 or Ch. 63.24
Parents cannot stipulate in a dissolution of marriage case that the hubby is not the father of the married woman's then unborn child. Such an order is void, leaving open the possibility that the later-born kid can petition for paternity and child support.25 Florida public policy and law are unequivocal in declaring that parents cannot barter away the interests of their children or exclude the courts from reviewing terms or conditions of custody, visitation, or support.26 An order based on a stipulation between the parties providing that the married man has surrendered and waived all parental rights in return for the married woman's waiver of entitlement to child back up is void for lack of jurisdiction in that it attempts to sever parental rights without invoking any of the statutory provisions governing termination of parental rights.27
A terminal judgment of dissolution of marriage is generally regarded every bit res judicata on the event of paternity of the children who were conceived or born during the union.28 Fraudulent misrepresentation about biological paternity is intrinsic and not extrinsic fraud, thus, affecting the date for filing a motion for relief from judgment or activeness assailing the judgment.29 This outcome has been changed to the extent that Ch. 742 at present allows disestablishment of paternity under some circumstances.30
Fatherhood under Ch. 63
Department 63.032(12) defines "parent" every bit:
a adult female who gives birth to a child or a man whose consent to the adoption of the child would be required under Department 63.062(ane). If a child has been legally adopted, the term "parent" means the adoptive female parent or begetter of the child. The term does non include an individual whose parental human relationship to the kid has been legally terminated or an declared or prospective parent.
An "unmarried biological father" under §63.032(xix) is:
the child'south biological father who is non married to the kid's mother at the fourth dimension of formulation or nascence of the child and who, before the filing of a petition to terminate parental rights, has not been adjudicated by a court of competent jurisdiction to be the legal father of the child or has not executed an affidavit pursuant to Section 382.013(two(c).
The circumstances in which the father's consent for adoption is needed under §63.062(1) are recited in the previous discussion of procedures under Ch. 39.31 Similar to the inquiry described higher up in the Ch. 39 discussion, in that location is also a statutory research concerning paternity under Ch. 63. The courtroom is required to conduct an inquiry regarding the identity of:
(a) Any man to whom the mother of the small-scale was married at any time when conception of the pocket-sized may have occurred or at the time of the birth of the small-scale;
(b) Any human being who has filed an affidavit of paternity pursuant to s. 382.013(2)(c) before the date that a petition for termination of parental rights is filed with the court;
(c) Whatsoever man who has adopted the minor;
(d) Any man who has been adjudicated past a court as the father of the minor kid before the date a petition for termination of parental rights is filed with the court; and
(east) Whatsoever man whom the mother identified to the adoption entity as a potential biological father before the date she signed the consent for adoption. 32
Unlike the similar provision of Ch. 39, §63.088(4) specifically includes a directive that "if the inquiry identifies a father under paragraph (a), paragraph (b), or paragraph (c), the inquiry may non go on further. " (Accent added.)
Unlike the requirements of Ch. 39, Ch. 63 imposes very strict requirements on single biological fathers who seek to preserve the right to notice and consent to an adoption nether Ch. 63. Such a person must file a claim of paternity with the Florida Putative Father Registry (maintained past the Office of Vital Statistics of the Department of Health) which includes confirmation of his willingness and intent to back up the child for whom paternity is claimed.33 He must demonstrate a total commitment to the responsibilities of parenthood by providing fiscal back up to the kid in accordance with ability, and, if not prevented from doing so past the person or agency having custody of the kid, regularly visiting the child at least monthly or maintaining regular communications with the child or with the person or agency having care or custody.34
In Heart of Adoptions, Inc. v. J.A., 963 Then. 2d 189 (Fla. 2007), the Florida Supreme Court antiseptic that the unmarried biological male parent'south failure to timely file with the Putative Father Registry may provide a valid ground for the termination of that father's parental rights. However, the adoption agency has an obligation to timely serve notice of the intended adoption plan, including notice of the Putative Begetter Registry, on the unmarried biological father, as long as his identity is known, and he may be located past diligent search. Thus, the stringent awarding of the requirements of the Putative Begetter Registry has been moderated past the decision in Heart of Adoptions. Still, even earlier Eye of Adoptions, the actual efforts on behalf of unmarried biological fathers to establish paternity, to establish a relationship with their child, and to found and provide support for the kid and mother were recognized equally satisfying legal requirements.35
contrast with Ch. 63, Ch. 39 is more liberal in preserving the rights of prospective fathers and requires much less action on their behalf to preserve actual or inchoate parental rights. Most of the differences in this regard between Ch. 63 and Ch. 39 tin be understood from the signal of view of the purpose behind the two statutes. The principles underlying Ch. 39 brainstorm with the understanding that the chief goal of the statute is to preserve and reunify families. contrast, Ch. 63 is a "comprehensive statutory scheme" designed primarily to ensure "permanence, stability, and finality with regard to adoptive placements."36 In a Ch. 63 action for termination of parental rights, a homo seeking to exist recognized as the child'southward father must act early and decisively to establish paternity and to preserve his right to notice and consent to adoption.
Fatherhood under Ch. 409
The Department of Revenue is authorized past law to initiate proceedings to establish paternity or child support or both.37 Paternity tin be established administratively38 or judicially,39 And procedures may include genetic testing. Nether authoritative establishment procedures in Ch. 409, if the genetic-testing results betoken a statistical probability of paternity that equals or exceeds 99 per centum, the Department of Revenue may event a proposed social club of paternity.40 Parties take an opportunity to object to authoritative institution of paternity, to contest paternity, and to request judicial involvement. Failure to accept timely action tin result in the loss of certain avenues of defence force and review. The near-default nature of these proceedings profoundly increases the number of cases in which more than than one man may be recognized equally the begetter of the same child.
Fatherhood under Ch. 742
Whether a man may exist recognized as a male parent to a child in Florida is oft unrelated to bug of biology and genetics. It will oft depend on the reason for the institution of paternity. Such a person may bring an action to make up one's mind paternity "when paternity has non been established by law or otherwise."41 If paternity was established by performance of "law or otherwise" through prior court proceedings, or because the mother was married and the husband'southward name appears on the child'southward nativity certificate as required by law,42 An action under Ch. 742 would more often than not not be permitted.43
The procedures applicable under Ch. 742 expressly exercise non apply to proceedings under Ch. 39 and Ch. 63.44 Therefore the presumptions that govern determinations nether Ch. 742 do non use under Ch. 39 and Ch. 63.
A child born or conceived while the mother is lawfully married is the presumptive kid of the mother and her husband. If the child is conceived during the mother'south matrimony to 1 human, and born during her marriage to a different man, it is mostly the human to whom the mother is married on the date of the child's birth who is the begetter.45 Furthermore, if "the mother of any child born out of marriage and the reputed father shall at any time after its birth intermarry, the child shall in all respects be deemed and held to be the child of the husband and wife, as though born inside wedlock."46 An issue may arise about whether the man whom the mother married is the reputed begetter.47 This may be evidenced past the identification as male parent on the kid's nativity certificate, or whether in general the mother and her married man hold the husband out as the begetter.48
Paternity may be established by execution by the parents of notarized voluntary acknowledgments.49 This procedure is express to children who are born "out of wedlock." The term is not defined in the statute. Until 1975, §742.x purported to provide "the primary jurisdiction and procedures for the determination of paternity for bastard children."fifty A bounder child was ane who was born to a adult female who was not married. If she was married, the child was presumed to be the child of her husband. "Out of wedlock" was substituted euphemistically in 1975, only the significant is the same. This is consistent with the requirements of the statute that "if the mother is not married at the fourth dimension of the birth, the name of the father may not be entered on the nativity document without the execution of an affidavit signed by both the mother and the person to be named as the male parent."51
Scientific test results for paternity are open-door in evidence, and results with a statistical probability of 95 pct or higher create a rebuttable presumption that the declared father is the biological father.52
The presumption that arises from matrimony is, since Daniel, a presumption of legitimacy. At mutual law, and in much of Florida constabulary prior to Daniel, it was a presumption of paternity as well. The wife was not allowed to contest the paternity of her husband in a divorce proceeding or in a separate paternity activity against a human being other than her husband. The presumption which arose from the marriage could be overcome only past proof of impotence or lack of access past the married man to the wife.53 In addition, at common police force the lack of access had to exist "total."54 A 3rd party was non allowed to file a paternity activity claiming that a child born while the wife was married to the husband was the biological kid of the third political party. Nether current law, the hubby or the wife may deny the biological paternity of a child born to the marriage. The married woman is now immune to bring an action for paternity against a man other than her husband. The putative father can raise the presumption of paternity in a kid support action brought against him.55 every bit discussed in previous sections, even if the husband asserts parental rights, a putative father may under narrow circumstances seek legal rights to a child through a Ch. 742 paternity action with respect to a child born during the mother's lawful union to another human being. He cannot prevail over the objection of the hubby, even with undisputed scientific proof of biological paternity, absent-minded show that he has established a relationship with the kid and that the hubby has in some manner failed to satisfy his duties as a father.56
Fatherhood under Inheritance and Wrongful Death Statutes
Florida'southward guardianship statute, Ch. 744, does non ascertain who is a child's "mother" or "begetter," only does provide that the "mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the kid unless a courtroom of competent jurisdiction enters an order stating otherwise."57
Although the language of §744.301(1) favors the mother of a kid born out of wedlock, the cases interpreting the statute have actually provided greater rights to a putative father than he would have been afforded nether Ch. 63 or Ch. 742. Under §744.301(ane), if the putative father has "alleged" himself, or if he has been "identified" or "known," so his rights every bit a natural guardian are assured.58 Again, the phrase "out of wedlock" is not defined in Ch. 744, merely information technology is clear from the cases that it is the fact that the child was born to an unmarried woman that is determinative of the "out of union" status.
Section 732.108 governs the right of a kid who is born "out of union" to inherit past intestate succession from his or her "male parent":
(two) [A] person born out of spousal relationship is a. .. descendant of his or her father and is ane of the natural kindred of all members of the begetter's family, if:
(a) The natural parents participated in a matrimony anniversary before or after the birth of the person born out of wedlock, even though the attempted matrimony is void.
(b) The paternity of the father is established by an arbitrament earlier or after the decease of the father….
(c) The paternity of the father is acknowledged in writing by the father. 59
The statute does not define "father" or "out of wedlock," simply the concern addressed is whether the child is born to an unmarried adult female. The statute legitimizes children for purposes of inheritance and prefers a liberal interpretation. Notwithstanding, in circumstances not governed by statute, the common law status of illegitimate children remains in force.threescore Accordingly, a child who is born during an intact, lawful wedlock might be disallowed to claim that he or she is the child of a different deceased man for inheritance purposes.
Notwithstanding the application of the mutual police, in several appellate court decisions in Florida, a kid born to a lawful, intact matrimony has been permitted to take by intestate succession from the manor of the child'due south biological male parent.61 Such deportment have been permitted both under a statute where the kid was considered "illegitimate"62 And nether a statute where the kid was considered to be born "out of wedlock."63 In re Manor of Robertson, 520 And then. 2nd 99 (Fla. 4th DCA 1988),
expressly declares that by replacing the word "illegitimate" with the words "out of wedlock" in the statute pertaining to intestate succession, the legislature did non eliminate a cause of activity for a child confronting the estate of his or her biological begetter.64
dissimilarity, in Achumba v. Neustein, 793 So. 2nd 1013 (Fla. 5th DCA 2001), a case brought under the Florida Wrongful Death Deed,65 a child built-in during a lawful, intact matrimony was not immune to make a claim as a survivor against the estate of a man whom he claimed was his deceased biological male parent merely who was non the mother's husband.66 The Achumba court declared that paternity could not be resolved in the context of a wrongful death action, and that Ch. 742 was "the exclusive remedy for establishing paternity." In denying the claim of the kid equally a survivor, the Fifth Commune Court of Appeal considered the interests of the mother's sometime husband, whose name was on the kid's nascence certificate, and stated that "Florida does not recognize dual fathership."67 In response, the dissent argued that ever since Daniel, Florida has recognized a dichotomy in fatherhood.68
In Daniels five. Greenfield, xv So. 3d 908 (Fla. 4th DCA 2009), which is likewise a wrongful death instance, a child was immune to make a claim as a survivor, although the kid was born during the mother'south lawful, intact marriage to a different man, not the decedent. In Daniels, the married man's name was non placed on the child'southward birth certificate, although the statute required it, and the decedent voluntarily paid modest but regular kid support for the child during his lifetime. The Daniels court defined "out of wedlock" to hateful that the male parent and mother of the child were not married to each other and held that a child born out of wedlock may be a "survivor" under the Wrongful Death Act if the father recognized a responsibility for the child's support even without a legal decision of paternity.69
Conclusion
Whether a homo may be recognized as a father to a kid in Florida is often unrelated to problems of biology and genetics. Information technology will often depend on the reason for the institution of paternity. It will exist easier to establish paternity under Ch. 39 than Ch. 63 because of the different purposes of those statutes. In addition, certain statutes, such equally the intestacy statute as it applies to children built-in out of union, are liberally construed in favor of allowing inheritance. The duty of support, having been separated out from the consequence of legitimacy, and coupled with the administrative establishment of paternity in kid back up proceedings, has encouraged de facto dual fathership in Florida at times, whether recognized nether the law equally such.
Rather than a uncomplicated, single concept of "father," Florida may be moving toward an understanding of fatherhood as a bundle of rights and duties, which may at times exist divided among different men with respect to a single kid. This may affect a decision of political party condition and the correct to counsel, the correct to discover, and the primal liberty involvement in the care and custody of children.
1 E.g., Achumba five. Neustein, 793 So. 2nd 1013, 1015 (Fla. 5th D.C.A. 2001); Fernandez v. McKenney, 776 So. 2d 1118, 1121, n. 5 (Fla. 5th D.C.A. 2001).
2 See, e.1000., Shuler five. Guardian Ad Litem Program, 17 And then. 3d 333, 335 (Fla. 5th D.C.A. 2009).
3 Daniel v. Daniel, 695 So. 2d 1253, 1254 (Fla. 1997).
iv HRS v. Privette, 617 And then. second 305, 309 (Fla. 1993); encounter too Shuler, 17 Then. 3d at 333.
five Casbar v. Dicanio, 666 So. 2d 1028, 1029 (Fla. 4th D.C.A. 1996); see also Morris v. Morris, 932 So. second 1007, 1008 (Fla. 2006).
6 For convenience and not logic, these are addressed in lodge of their appearance in the Florida Statutes. Merely the nearly full general discussion of the procedural requirements for actions to institute paternity under the various statutes is included in this article.
seven Unfortunately, the statute uses the term "male parent," potentially calculation to, rather than eliminating, ambiguity.
8 Fla. Stat. §39.01(60).
9 Fla. Stat. §39.503(1).
10 Fla. Stat. §39.803(viii).
11 Id. ;
Fla. Stat. §39.503(8).
12 Fla. Stat. §§63.062(i)(b)(4), 63.062(2)(b)(two), and 63.062(3)(a).
thirteen The enquiry is concerning the identical criteria outlined in §39.503(1) and referenced to a higher place for determining that a prospective parent is a parent.
fourteen Fla. Stat. §63.088(4)(e).
15 N.D. five. DCF, 961 So. second 1027 (Fla. 3d D.C.A. 2007).
16 In re S.M., 874 And then. second 720 (Fla. 2d D.C.A. 2004).
17 See B.J.Y. five. Grand.A., 617 And then. 2d 1061 (Fla. 1993).
xviii S.M., 874 So. 2d at 723.
19 See, e.g., Thing of Adoption of Baby James Doe, 572 So. 2d 986 (Fla. 1st D.C.A. 1990).
20 S.D. v. A.1000., 764 And then. second 807 (Fla. 2d D.C.A. 2000).
21 G.F.C. 5. S.M., 686 So. 2d 1382 (Fla. 5th D.C.A. 1997).
22 Fernandez v. Fernandez, 857 So. 2d 997 (Fla. fifth D.C.A. 2003).
23 Privette, 617 So. 2d at 309.
24 East.g., Casbar 5. Dicanio, 666 So. 2d 1028, 1029 (Fla. fourth D.C.A. 1996).
25 Id. at 1029.
26 Morris five. Morris, 932 So. second 1007, 1008 (Fla. 2006).
27 Fleming v. Brown, 581 So. 2d 202 (Fla. 5th D.C.A. 1991); MMMA 5. Jonely, 677 Then. 2d 343 (Fla. fifth D.C.A. 1996).
28 Lefler v. Lefler, 776 Then. second 319 (Fla. fourth D.C.A. 2001).
29 Id. at 321.
thirty Fla. Stat. §742.18 (1996).
31 It should exist noted that §63.062(one)(b)(three) has been amended, and the amendment may bear on the application of some of the older cases. The subparagraph previously said consent was required when "the small-scale has been established past court proceeding to be his child." That subparagraph at present provides that consent is required when "the minor has been adjudicated by the court to be his child by the date a petition is filed for termination of parental rights." Older cases which say that a father may have been "established past a court proceeding" through participating in a previous dependency case may not meet the requirement of having "been adjudicated by the court." See B.B. 5. P.J.M., 933 So. 2d 57 (Fla. 1st D.C.A. 2006).
32 Fla. Stat. §63.088(iv).
33 Fla. Stat. §63.054(1).
34 Fla. Stat. §63.062(ii).
35 See, e.g., A.S. 5. Gift of Life Adoptions, Inc., 944 And so. 2nd 380 (Fla. 2d D.C.A. 2006); and O'Bryan v. Doe, 572 So. 2d 986 (Fla. 1st D.C.A. 1990).
36 Heart of Adoptions, 963 So. 2d at 195.
37 Fla. Stat. §409.2557, et seq.
38 Fla. Stat. §409.256, et seq.
39 Fla. Stat. §409.2564, et seq. Except every bit otherwise specified in Ch. 409, in judicial proceedings to institute paternity nether Ch. 409, Ch. 742 governs paternity determinations.
twoscore Fla. Stat. §§
409.256(8) and (nine).
41 Fla. Stat. §
742.011.
42 Fla. Stat. §
382.013(half dozen)(a).
43 Cf.,
Fla. Stat. §
742.10, which provides that except as provided under Ch. 39 and Ch. 63, "this chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock." A kid whose mother is married at the child'due south birth is not born "out of wedlock." G.F.C. v. S.G., 686 So. 2d 1382, 1385 (Fla. fifth D.C.A. 1997).
44 Fla. Stat. §
742.10(one).
45 Run across Sacks five. Sacks, 267 Then. 2d 73 (Fla. 1972). See besides Hamilton 5. Liberty National Life Ins. Co., 207 So. 2d 472, 476 (Fla. 2nd D.C.A. 1968).
46 Fla. Stat. §
742.091.
47 The issue hither is not whether he is the biological begetter, but whether he was the "reputed" father at the fourth dimension of his wedlock to the mother. Come across, east.g., A.S. v. S.F., four So. 3d 774 (Fla. 5th D.C.A. 2009); HRS five. C.M.North., 661 Then. 2d 22 (Fla. 2d D.C.A. 1994).
48 A.South., iv And then. 3d at 774.
49 Fla. Stat. §
742.ten(1).
l Fla. Stat. §
742.10. (1974).
51 Fla. Stat. §
382.013(2)(c).
52 Fla. Stat. §
742.12. Withal genetics, there is also an irrebuttable presumption in the case of gestational surrogacy of a kid born inside wedlock who has been conceived by the ways of bogus or in vitro insemination, or by means of donated eggs or preembryos, that the child is the child of the married man and wife provided that both of them have consented in writing to the procedure.
Fla. Stat. §
742.xi.
53 Achumba 5. Neustein, 793 So. 2d 1013, 1015 (Fla. 5th D.C.A. 2001).
54 See Jones five. Crawford, 552 So. 2d 926, 927 (Fla. 1st D.C.A. 1989).
55 Privette, 617 So. 2d at 305.
56 Fernandez, 857 So. 2d at 999.
57 Fla. Stat. §
744.301.
58 Stewart v. Walker, v So. 3d 746 (Fla. 4th D.C.A. 2009); State v. Earl, 649 So. 2d 297 (Fla. 5th D.C.A. 1995); Stepp v. Stepp, 520 So. 2nd 314 (Fla. 2d D.C.A. 1988).
59 Fla. Stat. §
732.108(2). Ch. 95 contains statutes of limitations.
lx In re Caldwell's Estate, 247 So. 2d one (Fla. 1971).
61 In re Manor of Robertson, 520 So. 2d 99 (Fla. 4th D.C.A. 1988); Williams 5. Manor of Long, 338 So. 2d 563 (Fla. 1st D.C.A. 1976); In re Estate of Jerrido, 339 So. 2d 237 (Fla. 4th D.C.A. 1976), cert. denied, 346 So. 2nd 1249 (Fla. 1977).
62 Williams, 338 So. 2nd 563; and Jerrido, 339 Then. second 237.
63 Robertson, 520 Then. 2d at 99.
64 Id. at 101-102.
65 Fla. Stat. §
768.xvi-768.27 (1999).
66 Fla. Stat. §
768.18(i), quoted in Achumba, 793 So. 2d at 1014.
67 Achumba, 793 Then. second at 1015-16.
68 Id. at 1016, J. Griffin, dissenting.
69 Daniels,
15 So. 3d at 912.
Judge Sue Robbins is the family law administrative judge for the 5th Circuit and presides primarily over dependency, termination of parental rights, and adoption cases in Marion Canton. She has been a gauge since 2000 and a fellow member of The Florida Bar since 1982.
Source: https://www.floridabar.org/the-florida-bar-journal/fatherhood-in-florida/
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