The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 382
VITAL STATISTICS

View Entire Chapter

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 Casetext

Amendments to 382.013

Arrestable Offenses / Crimes under Fla. Stat. 382.013

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 382.013.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BOWMAN, v. HUTTO,, 269 So. 3d 596 (Fla. App. Ct. 2019)

. . . the time of the birth and was to have custody of the child, she was authorized pursuant to section 382.013 . . .

SIMMONDS, v. PERKINS,, 247 So. 3d 397 (Fla. 2018)

. . . ." § 382.013(2)(a), Fla. Stat. (2015). . . .

ANDERSON, v. STATE DEPARTMENT OF REVENUE o b o DAVIS,, 202 So. 3d 966 (Fla. Dist. Ct. App. 2016)

. . . See § 382.013(2)(c), Fla. . . .

BAKER, v. TUNNEY,, 201 So. 3d 1235 (Fla. Dist. Ct. App. 2016)

. . . Statutes (2015), or the parties must have filed a paternity acknowl-edgement agreement pursuant to section 382.013 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 205 So. 3d 1 (Fla. 2015)

. . . He has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 173 So. 3d 19 (Fla. 2015)

. . . He has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. . . .

FLORES, v. SANCHEZ,, 137 So. 3d 1104 (Fla. Dist. Ct. App. 2014)

. . . See § 382.013(l)(a); § 382.013(2)(c). As Mr. . . . See §§ 382.013(2)(c), 382.013(l)(a). Further, as neither Mr. . . . Allison and the mother executed a paternity affidavit pursuant to section 382.013. . . . The trial court found that the paternity affidavit complied with section 382.013 and, therefore, there . . . Section 382.013(2)(a) provides that "[i]f the mother is married at the time of birth, the name of the . . .

D. M. T. v. T. M. H., 129 So. 3d 320 (Fla. 2013)

. . . .]”); § 382.013(l)(g), Fla. Stat. . . .

VAN WEELDE, v. VAN WEELDE,, 110 So. 3d 918 (Fla. Dist. Ct. App. 2013)

. . . , and the Husband and Wife both signed a voluntary Acknowledgement of Paternity pursuant to section 382.013 . . . Husband and Wife both signed a sworn voluntary Ac-knowledgement of Paternity in accordance with section 382.013 . . . Nothing in either section 382.013(2)(c) or section 742.10 requires that the person signing the voluntary . . . Here, both the Husband and Wife signed a voluntary Acknowledgement of Paternity pursuant to section 382.013 . . . First, as noted above, section 382.013(2)(c) does not require that the “person to be named as the father . . .

J. C. J. v. FLORIDA DEPARTMENT ON REVENUE, O. S. B., 80 So. 3d 1106 (Fla. Dist. Ct. App. 2012)

. . . signed a voluntary acknowledgement of paternity for the child the next day in accordance with section 382.013 . . . child was born in 2003, Allison and the mother signed a paternity affidavit in accordance with section 382.013 . . .

T. M. H. v. D. M. T., 79 So. 3d 787 (Fla. Dist. Ct. App. 2011)

. . . state “for each live birth that occurs in this state” within “5 days after such live birth .... ” § 382.013 . . . Section 382.013(l)(g) requires that the child’s birth mother be listed as the legal parent, regardless . . . As to chapter 382, and specifically section 382.013, Florida Statutes, cited in the dissent, it is clear . . .

P. G. v. E. W., 75 So. 3d 777 (Fla. Dist. Ct. App. 2011)

. . . paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 . . . ... such ... constitutes the establishment of paternity for purposes of this chapter.”); see also § 382.013 . . .

NEVITT, v. BONOMO, 53 So. 3d 1078 (Fla. Dist. Ct. App. 2010)

. . . . § 382.013(2)(a), Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 59 So. 3d 792 (Fla. 2010)

. . . by a court proceeding to be his child; 4. he has filed an affidavit of paternity pursuant to section 382.013 . . .

MOHORN, v. THOMAS, 30 So. 3d 710 (Fla. Dist. Ct. App. 2010)

. . . paternity that is witnessed by two individuals and signed under penalty of perjury as provided for in s. 382.013 . . . See § 382.013(2)(c), Fla. Stat. . . .

DANIELS, v. GREENFIELD, M. D. M. D. P. A. St. s,, 15 So. 3d 908 (Fla. Dist. Ct. App. 2009)

. . . are the same, and the husband’s name will be on the birth certificate of the child, citing section 382.013 . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 20 So. 3d 173 (Fla. 2009)

. . . by a court proceeding to be his child; 4. he has filed an affidavit of paternity pursuant to section 382.013 . . .

ALLISON, v. MEDLOCK,, 983 So. 2d 789 (Fla. Dist. Ct. App. 2008)

. . . child was born in 2003, Allison and the mother signed a paternity affidavit in accordance with section 382.013 . . . clear and convincing evidence of paternity and that the affidavit of paternity complied with section 382.013 . . .

STATE DEPARTMENT OF REVENUE CHAMBERS, v. D. TRAVIS,, 971 So. 2d 157 (Fla. Dist. Ct. App. 2007)

. . . follows: [W]hen an affidavit or notarized voluntary acknowledgment of paternity as provided for in s. 382.013 . . .

FERNANDEZ, v. DEPARTMENT OF REVENUE, CHILD SUPPORT,, 971 So. 2d 875 (Fla. Dist. Ct. App. 2007)

. . . Under subsection 382.013(2), Florida Statutes (2007), the name of the father of a child who is not married . . .

S. D. T. In T. a v. BUNDLE OF HOPE MINISTRIES, INC., 949 So. 2d 1132 (Fla. Dist. Ct. App. 2007)

. . . Stat. 382.013(2)(c). . . . He has filed an affidavit of paternity pursuant to s. 382.013(2)(c); or 5. . . .

C. DOYLE, v. OWENS,, 936 So. 2d 1173 (Fla. Dist. Ct. App. 2006)

. . . Pursuant to section 382.013(3)(c), Florida Statutes (2004), if a child’s mother is not married at the . . .

In ADOPTION OF BABY A. a A. S. v. A. S. v., 944 So. 2d 380 (Fla. Dist. Ct. App. 2006)

. . . He has filed an affidavit of paternity pursuant to s. 382.013(2)(c); or 5. . . .

B. B. J. M. a v. P. J. M. K. M., 933 So. 2d 57 (Fla. Dist. Ct. App. 2006)

. . . He has filed an affidavit of paternity pursuant to s. 382.013(2)(c); or 5. . . . He has filed an affidavit of paternity pursuant to s. 382.013(2)(c); or 5. . . .

FLORIDA DEPARTMENT OF REVENUE, v. CUMMINGS,, 930 So. 2d 604 (Fla. 2006)

. . . . § 382.013(2)(a), Fla. . . . 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. § 382.013(2)(e), Fla. . . .

PIERANDOZZI, v. PERRY,, 910 So. 2d 295 (Fla. Dist. Ct. App. 2005)

. . . Her citation of section 382.013(3)(e), Florida Statutes (2000), is inapplicable to the present circumstances . . .

S. LANDER, v. L. SMITH,, 906 So. 2d 1130 (Fla. Dist. Ct. App. 2005)

. . . as the father whose name appears on the child's birth certificate because Florida Statutes section 382.013 . . . T.R.S.’s birth, although Lander's name was placed on the birth certificate in contravention of section 382.013 . . .

DEPARTMENT OF REVENUE, o b o PRESTON, v. CUMMINGS, o b o L. v. J. II, o b o M. v. J. o b o v. o b o v. O. III, o b o v. E., 871 So. 2d 1055 (Fla. Dist. Ct. App. 2004)

. . . The presumption of legitimacy is codified in section 382.013(2)(a), Florida Statutes (2002). . . . Section 382.013(2)(d), Florida Statutes (2002), mandates that the name of the man who is determined to . . . See, e.g., § 382.013(2)(a), Fla. Stat. (2002); Dep’t of Health & Rehabilitative Servs. v. . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- STEPPARENT ADOPTION FORMS, 870 So. 2d 791 (Fla. 2004)

. . . by a court proceeding to be his child; 4. he has filed an affidavit of paternity pursuant to section 382.013 . . .

McKAY, f k a v. HAIKEY,, 860 So. 2d 1046 (Fla. Dist. Ct. App. 2003)

. . . Section 382.013(3), Florida Statutes (1997), does not permit a change of surname based only on a finding . . . Second, McKay was entitled to name the child at birth pursuant to section 382.013(3)(e), Florida Statutes . . .

ACHUMBA, v. L. NEUSTEIN, M. D., 793 So. 2d 1013 (Fla. Dist. Ct. App. 2001)

. . . See § 382.013(2)(a), Fla. . . .

JOHNSON, v. RUBY, n k a, 771 So. 2d 1275 (Fla. Dist. Ct. App. 2000)

. . . See § 382.013(2)(a), Fla. . . .

S. D. v. A. G. J. G., 764 So. 2d 807 (Fla. Dist. Ct. App. 2000)

. . . See § 382.013(6)(a), Fla. Stat. (1995). The couple had a short and rocky marriage. . . . See also § 382.013(2)(c), Fla. . . .

MUNIZ, v. STATE, 764 So. 2d 729 (Fla. Dist. Ct. App. 2000)

. . . See § 382.013(2)(c), Fla. Stat. . . . See also § 382.013(2), Fla. . . .

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

. . . Section 382.013(6)(a), Florida Statutes (1995) provides: “If the mother is married at the time of birth . . .

COOLIDGE, f k a v. ULBRICH,, 733 So. 2d 1092 (Fla. Dist. Ct. App. 1999)

. . . At the time of Nicole’s birth, the designation of her name complied with section 382.013(2) and (3)(a . . .

BARDIN, v. STATE DEPARTMENT OF REVENUE, 720 So. 2d 609 (Fla. Dist. Ct. App. 1998)

. . . Section 382.013(3), Florida Statutes (1997), does not permit a change of surname based only on a finding . . . Section 382.013, Florida Statutes (1997), in relevant part provides: (2) PATERNITY.— (d) If the paternity . . .

J. HOLMEN, G. J. O. J. G. v. HOLMEN, RAHN,, 697 So. 2d 866 (Fla. Dist. Ct. App. 1997)

. . . parties and filed with the clerk of the court, or when a consenting affidavit as provided for in s. 382.013 . . .

HOOVER, v. DEPARTMENT OF REVENUE, STATE OF FLORIDA,, 687 So. 2d 953 (Fla. Dist. Ct. App. 1997)

. . . determined in the 1991 paternity action by a court of competent jurisdiction in accordance with section 382.013 . . .

DURHAM, v. McNAIR,, 659 So. 2d 1291 (Fla. Dist. Ct. App. 1995)

. . . Pursuant to section 382.013, the trial court is authorized in a paternity proceeding to specify a surname . . . Wednesdays, and overnight visits from 2:30 p.m. on Friday until 8:00 p.m. on Saturday, every other week. . § 382.013 . . .

WOMACK, v. COOK,, 634 So. 2d 322 (Fla. Dist. Ct. App. 1994)

. . . Berry of any parental responsibilities under his affidavit filed pursuant to section 742.10 and section 382.013 . . .

E. V. SR. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 615 So. 2d 251 (Fla. Dist. Ct. App. 1993)

. . . . § 382.013(6)(a), Fla.Stat. (1989). See Knauer v. . . .

BROWN, v. DYKES, II,, 601 So. 2d 568 (Fla. Dist. Ct. App. 1992)

. . . The circuit court appears to have believed that it was required to do so by section 382.013(5)(b), Florida . . .

SETZER, v. SETZER,, 567 So. 2d 24 (Fla. Dist. Ct. App. 1990)

. . . Section 382.013(5)(a), Florida Statutes, provides: If the mother is married at the time of birth, the . . .

S. JONES, v. ROBERTS,, 559 So. 2d 429 (Fla. Dist. Ct. App. 1990)

. . . Appellant also claims that section 382.013, Florida Statutes (1987), is vague and does not mandate that . . . Section 382.013(6)(c) provides: In any case in which paternity of a child is determined by a court of . . .

ROBERTSON f k a v. PFISTER,, 523 So. 2d 678 (Fla. Dist. Ct. App. 1988)

. . . See § 382.013(5)(a), Fla.Stat. (1987). . . .