742.10
Establishment of paternity for children born out of wedlock.
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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
STATE, DEPT. OF REVENUE v. Travis (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…”
Heart of Adoptions, Inc. v. JA (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.”
Flores v. Sanchez (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.”
Kendrick v. Everheart (1980)
“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, Department of Revenue Ex Rel. Carnley v. Lynch (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…”
Florida Dept. of Revenue v. MLS (2000)
“" See § 742.10, Fla. Stat. (Supp.1992); ch. 92-138, § 28, Laws of Fla.”
Van Weelde v. Van Weelde (2013)
“) Section 742.10, Florida Statutes (2006), sets forth the legal ramifications of a signed voluntary Acknowl-edgement of Paternity.”
Gammon v. Cobb (1976)
“" (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 Insurance Co. of North America v. Warfel (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…”
A.D.A. v. D.M.F. (2016)
“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. (2013)
“, § 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. (2015)
“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…”
— 742.10(1) — 41 cases
Heart of Adoptions, Inc. v. JA (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 (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 Insurance Co. of North America v. Warfel (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. (2006)
A.D.A. v. D.M.F. (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
STATE, DEPT. OF REVENUE v. Travis (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…”
Flores v. Sanchez (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, Department of Revenue Ex Rel. Carnley v. Lynch (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…”
— 742.10(5) — 3 cases
Van Weelde v. Van Weelde (2013)
“) Section 742.10, Florida Statutes (2006), sets forth the legal ramifications of a signed voluntary Acknowl-edgement of Paternity.”
MOHORN v. Thomas (2010)
N. D. v. J. B. (2024)
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