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FL S1402
Bill
AI Summary
- Creates a legal presumption that a man is the father of a child if he was married to the biological mother at conception or birth, or if parentage was previously established under existing Florida law
- Allows the child, biological mother, or a man with a reasonable belief he is the biological father to file a sworn petition in circuit court to rebut the presumption of paternity, requiring clear and convincing evidence that the alleged father has shown substantial and continuing concern for the child's welfare
- Requires genetic testing by a qualified laboratory if the petition proceeds, with a 95% or higher statistical probability of parentage creating a rebuttable presumption of biological fatherhood; results must be filed with the court within 15 days of receipt
- Authorizes three possible outcomes at trial: the mother's husband remains the sole legal father, the biological father replaces the husband as legal father, or both men are recognized as legal parents with the biological father designated as a third legal parent with equal standing
- Permits the court to approve or establish a parenting plan covering time-sharing, child support, health care, and school decisions, with modifications allowed upon a showing of substantial change in circumstances, effective July 1, 2024
Legislative Description
Establishment of Paternity
Last Action
Died in Judiciary
3/8/2024
Full Bill Text
No bill text available