What you must know about Florida's
Putative Father Registry
 


In 2003 the legislature of the State of Florida created a Putative Father Registry thereby joining many states in creating a registry whereby an unmarried putative father may register his intent to exercise parental rights to a child who the father believes may have been born by virtue of the sexual relationship with the child's mother. Approximately 35 States have enacted a similar registry. Such a father is called "Putative" because an unmarried father is the "supposed father" until DNA testing confirms this scientifically. "Unmarried biological father" means the child's biological father who was not married to the mother at the time of conception or birth of the child and who has not been declared by a court to be the legal father of the child.

Florida Law states that an unmarried biological father, by virtue of the fact that he engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding the child may occur and that he has a duty to protect his own rights and interest.

The Department of Health maintains the Putative Father Registry through its Office of Vital Statistics. Forms are available to men who believe they may have fathered a child and want to become a meaningful parent to that child.

In order to preserve the right to notice and consent in the event of an adoption an unmarried biological father in the State of Florida must file a notarized claim of Paternity with the Florida Putative Father Registry and confirm his willingness and intent to support the child for whom paternity is claimed. The claim of paternity may not be filed after the date a Petition is filed for the Termination of Parental Rights. Consequently it is important to maintain contact with any female a man has had sex with, provide support to that female and acknowledge an intent to parent this child in order to preserve any parental right to the child who may be produced from this union otherwise his consent is not required.

The address for filing is:

Florida Department of Health
Bureau of Vital Statistics
Box 210
Jacksonville, Florida 32231-0042

Telephone: (904) 359-6900  Ext. 1081

Once this form is timely filed, the father must show that he is personally able and willing to take responsibility for the child, setting forth his plans for care of the child, and agreeing to a court order of child support and a contribution to the payment of living and medical expenses incurred for the mother's pregnancy and the child's birth.

The mere fact that an unmarried biological father expresses a desire to fulfill his responsibilities towards his child, which is unsupported by acts evidencing this intent, does not preclude a finding by the court that the unmarried biological father has failed to comply with the requirements of Florida law and his parental rights can be terminated. 
 

If a man is identified by the actions he has taken below, he is presumed to be the biological father in the State of Florida and his consent is required if:

  • The minor was conceived or born while the father was married to the mother;

  • The minor is his child by adoption;

  • The minor has been established by court proceedings to be his child;

  • He had filed an affidavit of paternity by acknowledging paternity in conjunction with the child's mother at the hospital at the time of the child's birth;

By subsequently filing an acknowledgement of paternity in conjunction with the mother with the State Office of Vital Statistics, both of which constitute the establishment of paternity as provided for in Section 742.10, Florida Statutes. 

 

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Mary Ann Scherer, P.A. 
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2734 E. Oakland Park Boulevard, Suite 102, Fort Lauderdale, Florida, 33306
Call (954) 564-6900.   FAX: (954) 564-0187

Birth Mother Hotline:  1 (800) 432-1500


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