Florida Statutes

Fla. Stat. § 382.013 (2025)

Birth registration.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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382.013 Birth registration.—A certificate for each live birth that occurs in this state shall be filed within 5 days after such birth in the department’s electronic registration system with the local registrar of the district in which the birth occurred and shall be registered by the local registrar if the certificate has been completed and filed in accordance with this chapter and adopted rules. The information regarding registered births shall be used for comparison with information in the state case registry, as defined in chapter 61.

(1) FILING.—

(a) If a birth occurs in a hospital, birth center, or other health care facility, or en route thereto, the person in charge of the facility is responsible for preparing the certificate, certifying the facts of the birth, and filing the certificate in the department’s electronic registration system with the local registrar. Within 48 hours after the birth, the physician, midwife, or person in attendance during or immediately after the delivery shall provide the facility with the medical information required by the birth certificate.

(b) If a birth occurs outside a facility and a physician licensed in this state, a certified nurse midwife, a midwife licensed in this state, or a public health nurse employed by the department was in attendance during or immediately after the delivery, that person shall prepare and file the certificate.

(c) If a birth occurs outside a facility and the delivery is not attended by one of the persons described in paragraph (b), the person in attendance, the mother, or the father shall report the birth to the registrar and provide proof of the facts of birth. The department may require such documents to be presented and such proof to be filed as it deems necessary and sufficient to establish the truth of the facts to be recorded by the certificate and may withhold registering the birth until its requirements are met.

(d) If a birth occurs in a moving conveyance and the child is first removed from the conveyance in this state, the birth shall be filed and registered in this state and the place to which the child is first removed shall be considered the place of birth.

(e) The mother or the father of the child shall attest to the accuracy of the personal data entered on the certificate in time to permit the timely registration of the certificate.

(f) If a certificate of live birth is incomplete, the local registrar shall immediately notify the health care facility or person filing the certificate and shall require the completion of the missing items of information if they can be obtained before issuing certified copies of the birth certificate.

(g) Regardless of any plan to place a child for adoption after birth, the information on the birth certificate as required by this section must be as to the child’s birth parents unless and until an application for a new birth record is made under s. 63.152.

(h) The State Registrar may receive electronically a birth certificate for each live birth which is required to be filed with the registrar under this chapter through facsimile or other electronic transfer for the purpose of filing the birth certificate. The receipt of a birth certificate by electronic transfer constitutes delivery to the State Registrar as required by law.

(2) PATERNITY.—

(a) If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.

(b) Notwithstanding paragraph (a), if the husband of the mother dies while the mother is pregnant but before the birth of the child, the name of the deceased husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.

(c) If the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person to be named as the father. The facility shall give notice orally or through the use of video or audio equipment, and in writing, of the alternatives to, the legal consequences of, and the rights, including, if one parent is a minor, any rights afforded due to minority status, and responsibilities that arise from signing an acknowledgment of paternity, as well as information provided by the Title IV-D agency established pursuant to s. 409.2557, regarding the benefits of voluntary establishment of paternity. Upon request of the mother and the person to be named as the father, the facility shall assist in the execution of the affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2).

(d) If the paternity of the child is determined by a court of competent jurisdiction as provided under s. 382.015 or there is a final judgment of dissolution of marriage which requires the former husband to pay child support for the child, the name of the father and the surname of the child shall be entered on the certificate in accordance with the finding and order of the court. If the court fails to specify a surname for the child, the surname shall be entered in accordance with subsection (3).

(e) If the paternity of the child is determined pursuant to s. 409.256, the name of the father and the surname of the child shall be entered on the certificate in accordance with the finding and order of the Department of Revenue.

(f) If the mother and father marry each other at any time after the child’s birth, upon receipt of a marriage license that identifies any such child, the department shall amend the certificate with regard to the parents’ marital status as though the parents were married at the time of birth.

(g) If the father is not named on the certificate, no other information about the father shall be entered on the certificate.

(3) NAME OF CHILD.—

(a) If the mother is married at the time of birth, the mother and father whose names are entered on the birth certificate shall select the given names and surname of the child if both parents have custody of the child, otherwise the parent who has custody shall select the child’s name.

(b) If the mother and father whose names are entered on the birth certificate disagree on the surname of the child and both parents have custody of the child, the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order. If the parents disagree on the selection of a given name, the given name may not be entered on the certificate until a joint agreement that lists the agreed upon given name and is notarized by both parents is submitted to the department, or until a given name is selected by a court.

(c) If the mother is not married at the time of birth, the parent who will have custody of the child shall select the child’s given name and surname.

(d) If multiple names of the child exceed the space provided on the face of the birth certificate they shall be listed on the back of the certificate. Names listed on the back of the certificate shall be part of the official record.

(4) UNDETERMINED PARENTAGE.—The person having custody of a child of undetermined parentage shall register a birth certificate showing all known or approximate facts relating to the birth. To assist in later determination, information concerning the place and circumstances under which the child was found shall be included on the portion of the birth certificate relating to marital status and medical details. In the event the child is later identified, a new birth certificate shall be prepared which shall bear the same number as the original birth certificate, and the original certificate shall be sealed and filed, shall be confidential and exempt from the provisions of s. 119.07(1), and shall not be opened to inspection by, nor shall certified copies of the same be issued except by court order to, any person other than the registrant if of legal age.

(5) DISCLOSURE.—The original certificate of live birth shall contain all the information required by the department for legal, social, and health research purposes. However, all information concerning parentage, marital status, and medical details shall be confidential and exempt from the provisions of s. 119.07(1), except for health research purposes as approved by the department, nor shall copies of the same be issued except as provided in s. 382.025.

History.—s. 13, ch. 6892, 1915; RGS 2083; CGL 3283; s. 1, ch. 77-319; s. 150, ch. 79-400; s. 11, ch. 87-387; s. 3, ch. 94-318; s. 1036, ch. 95-148; s. 43, ch. 97-170; s. 96, ch. 97-237; ss. 19, 46, ch. 98-397; s. 17, ch. 99-397; s. 10, ch. 2001-53; s. 8, ch. 2004-334; s. 15, ch. 2005-39; s. 5, ch. 2006-118; s. 3, ch. 2010-187; s. 7, ch. 2023-71.

Note.—Former s. 382.16.

Notes of Decisions

Cited in 55 cases (6 in the last 5 years), 1988–2025 · leading case: Flores v. Sanchez, 137 So. 3d 1104 (Fla. 3d DCA 2014).

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Flores v. Sanchez, 137 So. 3d 1104 (Fla. 3d DCA 2014). · cites it 12× “Flores is the Child’s legal father Section 382.013, Florida Statutes (2010), requires that a birth certificate be filed within five days of a live birth.”

Florida Dept. of Revenue v. Cummings, 930 So. 2d 604 (Fla. 2006). · cites it 5× “The Legislature also amended section 382.013 to require the name of the father and the surname of the child be changed automatically pursuant to this proceeding.”

Dept. of Rev. Ex Rel. Preston v. Cummings, 871 So. 2d 1055 (Fla. 2d DCA 2004). · cites it 6× “, § 382.013(2)(a), Fla. Stat. (2002); Dep't of Health & Rehabilitative Servs.”

Van Weelde v. Van Weelde, 110 So. 3d 918 (Fla. 2d DCA 2013). · cites it 6× “’s birth certificate as the father, and the Husband and Wife both signed a voluntary Acknowledgement of Paternity pursuant to section 382.013(2)(c), Florida Statutes (2006), naming the Husband as R.”

Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). · cites it 2× “”); Fla. Stat. Ann. § 382.013 (2)(a) (West 2013) (“If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.”

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013). · cites it 2× “]”); § 382.013(l)(g), Fla. Stat. (requiring the listing of the child’s birth mother on the birth certificate as a legal parent).”

Bardin v. State, Dept. of Revenue, 720 So. 2d 609 (Fla. 1st DCA 1998). · cites it 4× “015, the name of the father and the surname of the child shall be entered on the certificate in accordance with the finding and order of the court.”

Treneka Simmonds v. Connor Perkins, 247 So. 3d 397 (Fla. 2018). · cites it 2× “" § 382.013(2)(a), Fla. Stat. (2015). In the instant case, Simmonds refused to provide the information necessary to comply with this law.”

McKay v. Haikey, 860 So. 2d 1046 (Fla. 5th DCA 2003). · cites it 4× “Section 382.013(3), Florida Statutes (1997), does not permit a change of surname based only on a finding of paternity.”

Lander v. Smith, 906 So. 2d 1130 (Fla. 4th DCA 2005). · cites it 2× “Cases alternatively refer to the legal father as the father whose name appears on the child's birth certificate because Florida Statutes section 382.013(2)(a) requires that the name of the husband be placed on the birth certificate.”

Allison v. Medlock, 983 So. 2d 789 (Fla. 4th DCA 2008). · cites it 3× “When the child was born in 2003, Allison and the mother signed a paternity affidavit in accordance with section 382.013, Florida Statutes. Because neither party sought to rescind the acknowledgment of paternity within sixty days, a rebuttable presumption arose that Allison is…”

Baker v. Tunney, 201 So. 3d 1235 (Fla. 5th DCA 2016). · cites it 2× “10, Florida Statutes (2015), or the parties must have filed a paternity acknowl-edgement agreement pursuant to section 382.013(2)(c), Florida Statutes (2015).”

Show all 55 citing cases →

— 382.013(1)(a) — 1 case

Tmh v. Dmt, 79 So. 3d 787 (Fla. 5th DCA 2011).

— 382.013(1)(g) — 1 case

Tmh v. Dmt, 79 So. 3d 787 (Fla. 5th DCA 2011).

— 382.013(2) — 4 cases

Muniz v. State, 764 So. 2d 729 (Fla. 2d DCA 2000).

Fernandez v. Dep't of Revenue, 971 So. 2d 875 (Fla. 3d DCA 2007).

Coolidge v. Ulbrich, 733 So. 2d 1092 (Fla. 4th DCA 1999).

Ana Carolina Quiceno v. Omar Bedier (Fla. 3d DCA 2023).

— 382.013(2)(a) — 11 cases

Dept. of Rev. Ex Rel. Preston v. Cummings, 871 So. 2d 1055 (Fla. 2d DCA 2004). “, § 382.013(2)(a), Fla. Stat. (2002); Dep't of Health & Rehabilitative Servs.”

Florida Dept. of Revenue v. Cummings, 930 So. 2d 604 (Fla. 2006). “The Legislature also amended section 382.013 to require the name of the father and the surname of the child be changed automatically pursuant to this proceeding.”

Treneka Simmonds v. Connor Perkins, 247 So. 3d 397 (Fla. 2018). “" § 382.013(2)(a), Fla. Stat. (2015). In the instant case, Simmonds refused to provide the information necessary to comply with this law.”

Lander v. Smith, 906 So. 2d 1130 (Fla. 4th DCA 2005). “Cases alternatively refer to the legal father as the father whose name appears on the child's birth certificate because Florida Statutes section 382.013(2)(a) requires that the name of the husband be placed on the birth certificate.”

Achumba v. Neustein, 793 So. 2d 1013 (Fla. 5th DCA 2001).

— 382.013(2)(c) — 18 cases

Van Weelde v. Van Weelde, 110 So. 3d 918 (Fla. 2d DCA 2013). “’s birth certificate as the father, and the Husband and Wife both signed a voluntary Acknowledgement of Paternity pursuant to section 382.013(2)(c), Florida Statutes (2006), naming the Husband as R.”

Flores v. Sanchez, 137 So. 3d 1104 (Fla. 3d DCA 2014). “Flores is the Child’s legal father Section 382.013, Florida Statutes (2010), requires that a birth certificate be filed within five days of a live birth.”

Baker v. Tunney, 201 So. 3d 1235 (Fla. 5th DCA 2016). “10, Florida Statutes (2015), or the parties must have filed a paternity acknowl-edgement agreement pursuant to section 382.013(2)(c), Florida Statutes (2015).”

Muniz v. State, 764 So. 2d 729 (Fla. 2d DCA 2000).

S.D. v. A.G., 764 So. 2d 807 (Fla. 2d DCA 2000).

— 382.013(2)(d) — 2 cases

Dept. of Rev. Ex Rel. Preston v. Cummings, 871 So. 2d 1055 (Fla. 2d DCA 2004). “, § 382.013(2)(a), Fla. Stat. (2002); Dep't of Health & Rehabilitative Servs.”

Hector J. Torres Rios v. Rebeca Arias (Fla. 4th DCA 2023).

— 382.013(2)(e) — 3 cases

In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 20 So. 3d 173 (Fla. 2009).

— 382.013(3) — 2 cases

Bardin v. State, Dept. of Revenue, 720 So. 2d 609 (Fla. 1st DCA 1998). “015, the name of the father and the surname of the child shall be entered on the certificate in accordance with the finding and order of the court.”

McKay v. Haikey, 860 So. 2d 1046 (Fla. 5th DCA 2003). “Section 382.013(3), Florida Statutes (1997), does not permit a change of surname based only on a finding of paternity.”

— 382.013(3)(b) — 1 case

Hector J. Torres Rios v. Rebeca Arias (Fla. 4th DCA 2023).

— 382.013(3)(c) — 3 cases

McKay v. Haikey, 860 So. 2d 1046 (Fla. 5th DCA 2003). “Section 382.013(3), Florida Statutes (1997), does not permit a change of surname based only on a finding of paternity.”

Marcus Robert Bowman, Father v. Lindsey Maclaren Hutto, Mother, 269 So. 3d 596 (Fla. 1st DCA 2019).

Doyle v. Owens, 936 So. 2d 1173 (Fla. 1st DCA 2006).

— 382.013(3)(e) — 1 case

Pierandozzi v. Perry, 910 So. 2d 295 (Fla. 4th DCA 2005).

— 382.013(5)(a) — 2 cases

Robertson v. Pfister, 523 So. 2d 678 (Fla. 4th DCA 1988).

Setzer v. Setzer, 567 So. 2d 24 (Fla. 1st DCA 1990).

— 382.013(6)(a) — 5 cases

S. B. v. D.H., 736 So. 2d 766 (Fla. 2d DCA 1999).

S.D. v. A.G., 764 So. 2d 807 (Fla. 2d DCA 2000).

Sd v. Ag, 764 So. 2d 807 (Fla. 2d DCA 2000).

Sb v. Dh, 736 So. 2d 766 (Fla. 2d DCA 1999).

E.V. v. Dep't of Health & Rehabilitative Servs., 615 So. 2d 251 (Fla. 3d DCA 1993).

— 382.013(6)(b) — 1 case

Womack v. Cook, 634 So. 2d 322 (Fla. 5th DCA 1994).

— 382.013(6)(c) — 3 cases

Durham v. McNair, 659 So. 2d 1291 (Fla. 5th DCA 1995).

Jones v. Roberts, 559 So. 2d 429 (Fla. 4th DCA 1990).

Hoover v. Dep't of Revenue, 687 So. 2d 953 (Fla. 5th DCA 1997).

— 382.013(l)(a) — 2 cases

T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011).

— 382.013(l)(g) — 2 cases

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013). “]”); § 382.013(l)(g), Fla. Stat. (requiring the listing of the child’s birth mother on the birth certificate as a legal parent).”

T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011).

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