Florida Statutes

Fla. Stat. § 382.0195 (2025)

Court-issued delayed birth certificate.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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382.0195 Court-issued delayed birth certificate.—

(1) In addition to the provisions of s. 382.019, any state resident or person born in this state who does not have a birth certificate may, at any time after birth, file a petition in the circuit court in the county of residence or in the alleged county of his or her birth, setting forth the date, place, and parentage of birth and petitioning the court to issue a delayed birth certificate. The petition must be on a form furnished by the department and must be accompanied by a certified statement from the state registrar of the alleged state of birth, stating that, based on the facts submitted by the petitioner, a birth certificate for the petitioner is not on file.

(2) Upon the filing of the petition, the court shall hold a hearing at which time such evidence may be presented as may be required by the court to establish the fact of the petitioner’s birth and the date, place, and parentage of his or her birth. However, a certificate may not be granted based solely on the uncorroborated testimony of the petitioner.

(3) If the evidence is sufficient, the court shall issue a delayed birth certificate on a form furnished by the department. Documentation submitted by the petitioner in support of the petition shall be recorded on the delayed birth certificate.

(4) The original and court copies of the delayed birth certificate issued by the court shall be distributed as follows:

(a) One copy shall be filed in the circuit court as a permanent record.

(b) If the birth occurred in this state, one copy shall be delivered to the petitioner and the original shall be mailed to the department by the clerk of the court within 10 days after the delayed certificate is issued by the court.

(c) If the birth occurred outside this state, the original certificate plus one copy shall be delivered to the petitioner by the court.

(5) A delayed birth certificate issued by a court pursuant to this section and registered with the department may not be amended except by court order.

History.—ss. 1, 5, 6, 10, ch. 21931, 1943; s. 1, ch. 22887, 1945; s. 24, ch. 63-559; ss. 19, 35, ch. 69-106; s. 7, ch. 73-299; s. 24, ch. 73-334; s. 118, ch. 77-147; s. 7, ch. 83-230; s. 16, ch. 87-387; s. 667, ch. 95-148; s. 101, ch. 97-237.

Note.—Consolidation of former ss. 382.40, 382.44, 382.45, 382.48; former s. 382.018.

Notes of Decisions

Cited in 8 cases (5 in the last 5 years), 2009–2024 · leading case: In Re Amendments to the Florida Rules of Civil Procedure-Mgmt. of Cases Involving Complex Litig., 30 So. 3d 477 (Fla. 2009).

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In Re Amendments to the Florida Rules of Civil Procedure-Mgmt. of Cases Involving Complex Litig., 30 So. 3d 477 (Fla. 2009). “(K) Other Family Court — all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of…”

In Re: Amendments to the Florida Fam. Law Rules of Procedure - 2020 Regular-Cycle Report (Fla. 2020). “(L) Other Family Court ‐ all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of…”

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of Gen. Practice & Jud. Admin., Florida Rules of Crim. Procedure, Florida Prob. Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juv. Procedure, Florida Rules of Appellate Procedure, & Florida Fam. Law Rules of Procedure (Fla. 2021). “(L) Other Family Court ‐ all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of…”

In Re: Amendments to Florida Fam. Law Rules of Procedure - Forms 12.900(h) & 12.928 (Fla. 2024). “(N) Other Family Court ‐ all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of…”

In Re: Amendments to Florida Fam. Law Rules of Procedure - Forms 12.900(h) & 12.928 (Fla. 2024). “(M) Other Family Court ‐ all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of…”

In Re: Amendments To Florida Fam. Law Rules Of Procedure – Forms 12.900(h) & 12.928 (Fla. 2024). “(M) Other Family Court ‐ all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of…”

In re Amendments to the Florida Fam. Law Rules of Procedure, 126 So. 3d 228 (Fla. 2013). “(L) Other Family Court — all matters involving time-sharing and/or parenting plans relating to minor child(ren), support unconnected with dissolution of marriage, annulment, delayed birth certificates pursuant to Florida Statutes section 382.0195, expedited affirmation of…”

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