Florida Statute 382.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 382
VITAL STATISTICS

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F.S. 382.013

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.

F.S. 382.013 on Google Scholar

F.S. 382.013 on CourtListener

Amendments to 382.013

Annotations, Discussions, Cases:

Cases Citing Statute 382.013

Total Results: 53

Florida Dept. of Revenue v. Cummings

930 So. 2d 604, 31 Fla. L. Weekly Supp. 275, 2006 Fla. LEXIS 808, 2006 WL 1277971

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 1749480

Cited 33 times | Published

the child's father on the birth certificate. § 382.013(2)(a), Fla. Stat. (2000) ("If the mother is married

Bardin v. State, Dept. of Revenue

720 So. 2d 609, 1998 WL 796624

District Court of Appeal of Florida | Filed: Nov 17, 1998 | Docket: 1371801

Cited 16 times | Published

Collinsworth, 508 So.2d at 747 (citations omitted). Section 382.013(3), Florida Statutes (1997), does not permit

D.M.T. v. T.M.H.

129 So. 3d 320, 38 Fla. L. Weekly Supp. 812, 2013 WL 5942278, 2013 Fla. LEXIS 2422

Supreme Court of Florida | Filed: Nov 7, 2013 | Docket: 60237374

Cited 13 times | Published

product of human conception from its mother[.]”); § 382.013(l)(g), Fla. Stat. (requiring the listing of the

Lander v. Smith

906 So. 2d 1130, 2005 WL 1398073

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 2543706

Cited 12 times | Published

birth certificate because Florida Statutes section 382.013(2)(a) requires that the name of the husband

Sb v. Dh

736 So. 2d 766, 1999 Fla. App. LEXIS 11641, 1999 WL 445697

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1418713

Cited 11 times | Published

's name on the birth certificate was error. Section 382.013(6)(a), Florida Statutes (1995) provides: "If

Achumba v. Neustein

793 So. 2d 1013, 26 Fla. L. Weekly Fed. D 1659

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 279512

Cited 9 times | Published

this appeal, this court does the same. [3] See § 382.013(2)(a), Fla. Stat. (1999). [4] Florida courts

Johnson v. Ruby

771 So. 2d 1275, 2000 WL 1744839

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 1339492

Cited 9 times | Published

minimum, he is the child's legal father. See § 382.013(2)(a), Fla. Stat. (1999)("If the mother is married

DEPT. OF REV. EX REL. PRESTON v. Cummings

871 So. 2d 1055

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1709437

Cited 8 times | Published

The presumption of legitimacy is codified in section 382.013(2)(a), Florida Statutes (2002). Subsection

Flores v. Sanchez

137 So. 3d 1104, 2014 WL 1230488, 2014 Fla. App. LEXIS 4406

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240171

Cited 7 times | Published

that Mr. Flores is the Child’s legal father Section 382.013, Florida Statutes (2010), requires that a birth

T.M.H. v. D.M.T.

79 So. 3d 787

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 60305382

Cited 7 times | Published

after such live birth .... ” § 382.013(l)(a), Fla. Stat. (2004). Section 382.013(l)(g) requires that the child’s

SD v. Ag

764 So. 2d 807, 2000 WL 1021246

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 470287

Cited 7 times | Published

appear on that document as the legal father. See § 382.013(6)(a), Fla. Stat. (1995). The couple had a short

Van Weelde v. Van Weelde

110 So. 3d 918, 2013 WL 466213, 2013 Fla. App. LEXIS 1875

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60230520

Cited 6 times | Published

voluntary Acknowledgement of Paternity pursuant to section 382.013(2)(c), Florida Statutes (2006), naming the

Nevitt v. Bonomo

53 So. 3d 1078, 2010 Fla. App. LEXIS 19941, 2010 WL 5540944

District Court of Appeal of Florida | Filed: Dec 21, 2010 | Docket: 2408751

Cited 6 times | Published

but before she married her husband); and cf. § 382.013(2)(a), Fla. Stat. ("If the mother is married at

Durham v. McNair

659 So. 2d 1291, 1995 WL 516445

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 1462589

Cited 6 times | Published

to allow us to simply affirm. Pursuant to section 382.013, the trial court is authorized in a paternity

P.G. v. E.W.

75 So. 3d 777, 2011 Fla. App. LEXIS 18953, 2011 WL 5964566

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60303932

Cited 5 times | Published

paternity for purposes of this chapter.”); see also § 382.013, Fla. Stat. (2009) (dealing with “birth registration”)

Allison v. Medlock

983 So. 2d 789, 2008 WL 2436692

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1688326

Cited 5 times | Published

signed a paternity affidavit in accordance with section 382.013, Florida Statutes. Because neither party sought

Treneka Simmonds v. Connor Perkins

247 So. 3d 397

Supreme Court of Florida | Filed: Jun 28, 2018 | Docket: 7306409

Cited 4 times | Published

otherwise by a court of competent jurisdiction." § 382.013(2)(a), Fla. Stat. (2015). In the instant case

Jones v. Roberts

559 So. 2d 429, 1990 WL 41564

District Court of Appeal of Florida | Filed: Apr 11, 1990 | Docket: 1518998

Cited 4 times | Published

notice or surprise. Appellant also claims that section 382.013, Florida Statutes (1987), is vague and does

In re Amendments to the Florida Supreme Court Approved Family Law Forms

20 So. 3d 173, 34 Fla. L. Weekly Supp. 298, 2009 Fla. LEXIS 785, 2009 WL 775400

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 60294181

Cited 3 times | Published

filed an affidavit of paternity pursuant to section 382.013(2)(e) Florida Statutes; or 5. in the case of

Amendments to Approved Family Law Forms

20 So. 3d 173

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 751733

Cited 3 times | Published

filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. in the case of

McKay v. Haikey

860 So. 2d 1046, 2003 WL 22867706

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 83102

Cited 3 times | Published

Collinsworth, 508 So.2d at 747 (citations omitted). Section 382.013(3), Florida Statutes (1997), does not permit

Muniz v. State

764 So. 2d 729, 2000 WL 869395

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 470381

Cited 3 times | Published

child's birth certificate as the father. See § 382.013(2)(c), Fla. Stat. (Supp.1998) (prohibiting name

Tmh v. Dmt

79 So. 3d 787, 2011 Fla. App. LEXIS 20502, 2011 WL 6437247

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 138267

Cited 2 times | Published

none. As to chapter 382, and specifically section 382.013, Florida Statutes, cited in the dissent, it

Js v. Smm

67 So. 3d 1231, 2011 WL 3862086

District Court of Appeal of Florida | Filed: Sep 2, 2011 | Docket: 2363115

Cited 2 times | Published

duty military status. Moreover, pursuant to section 382.013(2)(a), Florida Statutes (2008), J.S. is the

Daniels v. Greenfield

15 So. 3d 908, 2009 Fla. App. LEXIS 10724, 2009 WL 2382377

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1660767

Cited 2 times | Published

the birth certificate of the child, citing section 382.013(2)(a), Florida Statutes (2000) ("If the mother

Coolidge v. Ulbrich

733 So. 2d 1092, 1999 Fla. App. LEXIS 6006, 1999 WL 309097

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 64788470

Cited 2 times | Published

the designation of her name complied with section 382.013(2) and (3)(a), Florida Statutes (1997). This

Robertson v. Pfister

523 So. 2d 678, 1988 WL 23394

District Court of Appeal of Florida | Filed: Mar 23, 1988 | Docket: 472903

Cited 2 times | Published

parent shall select the surname of the child. See § 382.013(5)(a), Fla. Stat. (1987). However, this amendment

Baker v. Tunney

201 So. 3d 1235, 2016 Fla. App. LEXIS 15697

District Court of Appeal of Florida | Filed: Oct 21, 2016 | Docket: 4483409

Cited 1 times | Published

paternity acknowl-edgement agreement pursuant to section 382.013(2)(c), Florida Statutes (2015). Mother also

In re Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 60294087

Cited 1 times | Published

filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. In the case of

In re Amendments to the Florida Supreme Court Approved Family Law Forms

59 So. 3d 792, 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 60299743

Cited 1 times | Published

filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. in the case of

MOHORN v. Thomas

30 So. 3d 710, 2010 Fla. App. LEXIS 4216, 2010 WL 1222700

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1120225

Cited 1 times | Published

consequences of signing such acknowledgment. See § 382.013(2)(c), Fla. Stat. Second, in the signed and notarized

SDT v. Bundle of Hope Ministries, Inc.

949 So. 2d 1132, 2007 WL 597042

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1375295

Cited 1 times | Published

filed an affidavit of paternity pursuant to Fla. Stat. 382.013(2)(c). The biological father has not filed

S.D. v. A.G.

764 So. 2d 807, 2000 Fla. App. LEXIS 9357

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 64799461

Cited 1 times | Published

appear on that document as the legal father. See § 382.013(6)(a), Fla. Stat. (1995). The couple had a short

Alexander L. Bauer v. Jordin Carlson and Taylor A. Butler

District Court of Appeal of Florida | Filed: Apr 4, 2025 | Docket: 69843480

Published

an unmarried mother gives birth to a child, section 382.013, Florida Statutes (2022), describes how the

Zion Daniel Bronner v. Brooke Courtney Camara Longden

District Court of Appeal of Florida | Filed: Dec 18, 2024 | Docket: 69477362

Published

an unmarried mother gives birth to a child, section 382.013, Florida Statutes (2017), describes how the

N. D. v. J. B.

District Court of Appeal of Florida | Filed: Mar 15, 2024 | Docket: 68227037

Published

birth certificate. This argument has no merit. Section 382.013(2)(c), Florida Statutes (2015), states that

LOUIS ROMAN OROSCO v. MIGUEL A. RODRIGUEZ AND BRITTANY NICOLE DIEHL

District Court of Appeal of Florida | Filed: Dec 15, 2023 | Docket: 68092347

Published

Nevitt v. Bonomo, 53 So. 2 Section 382.013(2)(a), Florida Statutes, requires “the name

ANA CAROLINA QUICENO v. OMAR BEDIER

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718516

Published

Perkins, 247 So. 3d 397, 400–03 (Fla. 2018); § 382.013(2), Fla. Stat. (2023); Ch. 742, Fla. Stat. (2023)

HECTOR J. TORRES RIOS v. REBECA ARIAS

District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833846

Published

court to correct the judgment. Fifth, section 382.013(2)(d), Florida Statutes (2022), states that

Marcus Robert Bowman, Father v. Lindsey Maclaren Hutto, Mother

269 So. 3d 596

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14819617

Published

the child, she was authorized pursuant to section 382.013(3)(c), Florida Statutes (2016), to select the

Anderson v. State Department of Revenue

202 So. 3d 966, 2016 Fla. App. LEXIS 16646

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 60257333

Published

constitutes the establishment .of paternity. See § 382.013(2)(c), Fla. Stat. (2015) (“If the mother is not

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

205 So. 3d 1, 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

Supreme Court of Florida | Filed: Nov 19, 2015 | Docket: 3014109

Published

filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. In the case

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. In the case

J.C.J. v. Florida Department on Revenue Ex Rel. O.S.B.

80 So. 3d 1106, 2012 WL 592888, 2012 Fla. App. LEXIS 2795

District Court of Appeal of Florida | Filed: Feb 24, 2012 | Docket: 2414918

Published

the child the next day in accordance with section 382.013, Florida Statutes (2005), and nothing in this

In Re Amend. to the Fla. Family Law Forms

59 So. 3d 792

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 2361433

Published

filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. in the case of

Doyle v. Owens

936 So. 2d 1173, 2006 Fla. App. LEXIS 14285, 2006 WL 2433275

District Court of Appeal of Florida | Filed: Aug 24, 2006 | Docket: 64846452

Published

the child’s surname be changed. Pursuant to section 382.013(3)(c), Florida Statutes (2004), if a child’s

Pierandozzi v. Perry

910 So. 2d 295, 2005 Fla. App. LEXIS 12004, 2005 WL 1812714

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64840290

Published

the stipulation at trial. Her citation of section 382.013(3)(e), Florida Statutes (2000), is inapplicable

Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms

870 So. 2d 791, 2004 WL 583720

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 64829869

Published

filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. in the case of

S. B. v. D.H.

736 So. 2d 766

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 64789232

Published

’s name on the birth certificate was error. Section 382.013(6)(a), Florida Statutes (1995) provides: “If

Hoover v. Department of Revenue

687 So. 2d 953, 1997 Fla. App. LEXIS 1020, 1997 WL 63640

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 64771095

Published

competent jurisdiction in accordance with section 382.013(6)(c), Florida Statutes (1991), and a birth

Womack v. Cook

634 So. 2d 322, 1994 Fla. App. LEXIS 3274, 1994 WL 115279

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 64747188

Published

affidavit filed pursuant to section 742.10 and section 382.013(6)(b) improperly recognized a “fingers crossed”

E.V. v. Department of Health & Rehabilitative Services

615 So. 2d 251, 1993 Fla. App. LEXIS 2478, 1993 WL 63505

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 64694923

Published

excused him from responsibility for the child. § 382.013(6)(a), Fla.Stat. (1989). See Knauer v. Barnett

Setzer v. Setzer

567 So. 2d 24, 1990 Fla. App. LEXIS 7313, 1990 WL 136872

District Court of Appeal of Florida | Filed: Sep 18, 1990 | Docket: 64653154

Published

grant her request for post-judgment alimony. Section 382.013(5)(a), Florida Statutes, provides: If the mother