HB 541 - Paternity

• Establishes that unmarried biological fathers have an "inchoate interest" in children that only acquires constitutional protection when they demonstrate timely commitment to parental responsibilities including financial support and establishing legal paternity.

• Requires unmarried biological fathers identified in dependency or termination of parental rights proceedings to file a paternity claim with the Florida Putative Father Registry, establish paternity, file a verified court response pledging commitment, and provide court-ordered child support within 30 days of service or be precluded from contesting the proceedings.

• Mandates fathers establish a "substantial relationship" with the child by providing financial support and either visiting monthly or maintaining regular communication, as ordered by the court.

• Limits prospective parents to filing an affidavit of parenthood only when a child does not have two legally recognized parents; if a child has two parents, prospective parents must pursue paternity claims under chapter 742.

• Eliminates lack of notice as a defense for unmarried biological fathers not identified after the court conducts specified inquiry regarding the mother's marital status, cohabitation, named fathers, and payments received.

• Effective July 1, 2011.