It can be confusing if you and your partner are unmarried and she gets pregnant. Are you legally responsible? Do you have to pay child support? Do you have any rights as the father?
It’s critical that you know the paternity laws in your state. According to the Florida Department of Revenue, paternity can be established voluntarily by both parents in the hospital or by a legal order.
A child does not have a legal father if the mother is not married when the child is born. Paternity has to be established for the child. Here are the two ways this can happen:
Voluntary Paternity Acknowledgment
The easiest way to establish paternity is for the child’s father to fill out and sign a Paternity Acknowledgment form (DH-511) in the hospital. Both the father and mother must fill out and sign the form.
As soon as the DH-511 form is completed, the man who signs it becomes the child’s legal father. His name will be on the child’s birth certificate. He also receives custody rights and visitation privileges and must provide financial support for the child.
If he isn’t at the hospital when the child is born, he can voluntarily sign the birth certificate later, file it with the state, and the certificate will be updated.
Court-Ordered Paternity
If the father did not establish paternity voluntarily, it can be established with a legal order. If the mother wishes to receive child support from the unnamed father, she can take him to court, or the Florida Department of Revenue can order a paternity test, bypassing a court order.
Both options use genetic testing. The mother, child, and the named father must submit a sample within 30 days of the notice. He is the biological father if the results are 99% or higher.
Once the biological father is identified, a final order of paternity is established, and the child’s birth certificate is updated with the father’s name. He is then obligated to pay child support.
The court orders child support based on state guidelines, income, health insurance costs, and custody arrangements.
Am I Legally Responsible?
The answer is “yes, you are legally responsible for your child.” It’s beneficial for your child when their father voluntarily admits paternity. His name is on their birth certificate, and they receive the love and support that every child needs.
Resources from A Woman’s Pregnancy Center
As you and your partner navigate parenthood, we invite you to visit us for resources and support. We have trained male counselors who can speak with you, and we provide excellent fatherhood resources.
Schedule a free and confidential appointment with one of our counselors. We’re here for both of you.