FL H0663

Creates s. 742.092, F.S., establishing a legal presumption that a man married to the biological mother at the time of conception or birth is the child's legal father, which may be rebutted by the child, the biological mother, or a man with a reasonable belief he is the biological father by filing a petition in circuit court with clear and convincing evidence.

Requires the court to appoint a guardian ad litem (or attorney ad litem for older children) and hold an evidentiary hearing before allowing the petition to proceed, considering factors such as whether the mother is deceased or incapacitated, whether a divorce is pending, and whether the legal father wishes to maintain his status.

Orders genetic testing by a qualified laboratory if the petition proceeds; a statistical probability of parentage of 95% or more creates a rebuttable presumption of biological fatherhood, while results excluding the alleged father require dismissal and sealing of the court file.

Authorizes the court, after a best-interests trial, to either maintain the husband as sole legal father, transfer parental rights to the biological father (including amending the birth certificate), or establish the biological father as a third legal parent with equal standing for time-sharing, parental responsibility, and child support.

Permits the court to approve, establish, or modify a parenting plan and child support order under the new section, with modifications allowed upon a showing of substantial change in circumstances, and specifies that no order under this section impugns or affects the child's legitimacy. Effective date: July 1, 2024.