Florida Statutes

Fla. Stat. § 742.10 (2025)

Establishment of paternity for children born out of wedlock.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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742.10 Establishment of paternity for children born out of wedlock.—

(1) Except as provided in chapters 39 and 63, this chapter provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock. If the establishment of paternity has been raised and determined within an adjudicatory hearing brought under the statutes governing inheritance, or dependency under workers’ compensation or similar compensation programs; if an affidavit acknowledging paternity or a stipulation of paternity is executed by both parties and filed with the clerk of the court; if an 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 provided for in s. 382.013 or s. 382.016 is executed by both parties; or if paternity is adjudicated by the Department of Revenue as provided in s. 409.256, such adjudication, affidavit, or acknowledgment constitutes the establishment of paternity for purposes of this chapter. If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier. Both parents must provide their social security numbers on any acknowledgment of paternity, consent affidavit, or stipulation of paternity. Except for affidavits under seal pursuant to ss. 382.015 and 382.016, the Office of Vital Statistics shall provide certified copies of affidavits to the Title IV-D agency upon request.

(2) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

(3) The department shall adopt rules which establish the information which must be provided to an individual prior to execution of an affidavit or voluntary acknowledgment of paternity. The information shall explain 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 acknowledging paternity.

(4) After the 60-day period referred to in subsection (1), a signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge, except upon a finding of good cause by the court.

(5) Regardless of whether paternity is established in an action under s. 742.011 or this section, the determination of parental responsibility and child support and the creation of a parenting plan and time-sharing schedule must be established in an action brought under s. 742.011. Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity. This section may not be construed to prevent the Department of Revenue from establishing child support by an administrative order pursuant to s. 409.2563.

History.—s. 9, ch. 26949, 1951; s. 10, ch. 27991, 1953; s. 7, ch. 75-166; s. 153, ch. 86-220; s. 28, ch. 92-138; s. 21, ch. 93-208; s. 8, ch. 94-318; s. 70, ch. 97-170; s. 114, ch. 97-237; s. 41, ch. 99-397; s. 22, ch. 2001-53; s. 19, ch. 2004-334; s. 39, ch. 2005-39; s. 25, ch. 2008-151; s. 2, ch. 2023-209.

Notes of Decisions

Cited in 87 cases (13 in the last 5 years), 1963–2025 · leading case: State, Dept. of Revenue v. Travis, 971 So. 2d 157 (Fla. 1st DCA 2007).

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State, Dept. of Revenue v. Travis, 971 So. 2d 157 (Fla. 1st DCA 2007). · cites it 20× “Over DOR's objections that signing a paternity affidavit had made him the legal father of the child pursuant to section 742.10, Florida Statutes (2003), and that the hearing officer lacked jurisdiction to hear contested paternity cases pursuant to Florida Family Law Rule of…”

Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007). · cites it 5× “This result harmonizes the adoption statutes and section 742.10, which establishes that chapter 742 "provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock.”

Flores v. Sanchez, 137 So. 3d 1104 (Fla. 3d DCA 2014). · cites it 11× “Flores to submit to paternity testing arises from an action filed by the Mother pursuant to section 742.10, Florida Statutes (2011), in which she attempts to rebut Mr.”

Kendrick v. Everheart, 390 So. 2d 53 (Fla. 1980). · cites it 5× “It is clear from the language of this section that chapter 742 was intended as the natural mother's exclusive legal remedy in establishing paternity and enforcing support rights on behalf of her child.”

State, Dep't of Revenue Ex Rel. Carnley v. Lynch, 53 So. 3d 1154 (Fla. 1st DCA 2011). · cites it 6× “Regarding the first requirement, paternity can be placed “in controversy” during proceedings conducted by a child support enforcement hearing officer if the purported father files documentation alleging that he is not the biological father or by asserting that he has not…”

Florida Dept. of Revenue v. MLS, 756 So. 2d 125 (Fla. 2d DCA 2000). · cites it 13× “" See § 742.10, Fla. Stat. (Supp.1992); ch. 92-138, § 28, Laws of Fla.”

Van Weelde v. Van Weelde, 110 So. 3d 918 (Fla. 2d DCA 2013). · cites it 7× “) Section 742.10, Florida Statutes (2006), sets forth the legal ramifications of a signed voluntary Acknowl-edgement of Paternity.”

Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976). · cites it 3× “" (Emphasis supplied) Also, § 742.10, Florida Statutes, providing: "This chapter shall be in lieu of any other proceedings provided by law for the determination of paternity and support of bastard children.”

Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). · cites it 2× “” (emphasis supplied)); § 742.10(1), Fla. Stat. (2010) (“If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of *59 paternity, which is witnessed by two individuals and signed under penalty of perjury as…”

A.D.A. v. D.M.F., 204 So. 3d 523 (Fla. 4th DCA 2016). · cites it 9× “As described in section 742.10(1), Florida Statutes (2010), this Acknowledgement was a “nota-xized voluntary acknowledgment of paternity.”

D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013). · cites it 2× “, § 742.10, Fla. Stat; ch. 63, Fla. Stat. But “[Florida] law, like nature itself, makes no provision for dual [mother]hood,” either historically or presently.”

J.A.I. v. B.R., 160 So. 3d 473 (Fla. 2d DCA 2015). · cites it 6× “This court began its analysis by noting: Paternity would be established “by law” when there has been an adjudication of paternity or by the filing of affidavits or stipulation acknowledging paternity as provided in section 742.10. Paternity would “otherwise” be established when…”

Show all 87 citing cases →

— 742.10(1) — 41 cases

Heart of Adoptions, Inc. v. JA, 963 So. 2d 189 (Fla. 2007). “This result harmonizes the adoption statutes and section 742.10, which establishes that chapter 742 "provides the primary jurisdiction and procedures for the determination of paternity for children born out of wedlock.”

State, Dept. of Revenue v. Travis, 971 So. 2d 157 (Fla. 1st DCA 2007). “Over DOR's objections that signing a paternity affidavit had made him the legal father of the child pursuant to section 742.10, Florida Statutes (2003), and that the hearing officer lacked jurisdiction to hear contested paternity cases pursuant to Florida Family Law Rule of…”

Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). “” (emphasis supplied)); § 742.10(1), Fla. Stat. (2010) (“If an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of *59 paternity, which is witnessed by two individuals and signed under penalty of perjury as…”

In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006).

A.D.A. v. D.M.F., 204 So. 3d 523 (Fla. 4th DCA 2016). “As described in section 742.10(1), Florida Statutes (2010), this Acknowledgement was a “nota-xized voluntary acknowledgment of paternity.”

— 742.10(4) — 31 cases

Flores v. Sanchez, 137 So. 3d 1104 (Fla. 3d DCA 2014). “Flores to submit to paternity testing arises from an action filed by the Mother pursuant to section 742.10, Florida Statutes (2011), in which she attempts to rebut Mr.”

State, Dep't of Revenue Ex Rel. Carnley v. Lynch, 53 So. 3d 1154 (Fla. 1st DCA 2011). “Regarding the first requirement, paternity can be placed “in controversy” during proceedings conducted by a child support enforcement hearing officer if the purported father files documentation alleging that he is not the biological father or by asserting that he has not…”

J.R-P. v. Dep't of Child. & Families, 228 So. 3d 628 (Fla. 2d DCA 2017).

State, Dept. of Revenue v. Ductant, 957 So. 2d 658 (Fla. 3d DCA 2007).

— 742.10(5) — 3 cases

Van Weelde v. Van Weelde, 110 So. 3d 918 (Fla. 2d DCA 2013). “) Section 742.10, Florida Statutes (2006), sets forth the legal ramifications of a signed voluntary Acknowl-edgement of Paternity.”

MOHORN v. Thomas, 30 So. 3d 710 (Fla. 4th DCA 2010).

N. D. v. J. B. (Fla. 2d DCA 2024).

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