Establishing paternity for a child born outside of marriage is a crucial step in ensuring a child’s legal rights and a parent’s responsibilities. In Florida, while various methods exist to determine parentage, a voluntary acknowledgment of paternity is a common route. However, what happens when a father who has signed such an acknowledgment later believes he is not the biological parent? Can he undo this legal declaration? The answer is complex, involving specific Florida statutes and judicial interpretations, as highlighted in the recent case of Department of Revenue o/b/o Brown v. Gardner.
Florida Statutes section 742.10 provides the primary legal framework for determining paternity for children born out of wedlock. Paternity can be established through several means, including:
A voluntary acknowledgment of paternity, when properly executed by both parents (who must provide their social security numbers), creates a rebuttable presumption of paternity. This means that the law assumes the signatory is the father unless proven otherwise. Crucially, a signatory has a 60-day window to rescind the acknowledgment after it’s signed, or after the date of an administrative or judicial proceeding relating to the child (whichever is earlier).
Before signing such an acknowledgment, the Department of Revenue is required to adopt rules ensuring individuals receive information explaining the alternatives to, the legal consequences of, and the rights and responsibilities that arise from acknowledging paternity.
After this initial 60-day period, a signed voluntary acknowledgment of paternity becomes a formal establishment of paternity. At this point, challenging it in court is significantly limited. It can only be challenged on the basis of fraud, duress, or a material mistake of fact, with the burden of proof falling squarely upon the challenger. Furthermore, any legal responsibilities, including child support obligations, arising from the acknowledgment are generally not suspended during such a challenge, unless the court finds good cause to do so.
It’s important to note that while paternity may be established through these means, the determination of parental responsibility, child support, and the creation of a parenting plan and time-sharing schedule must still be established in a separate action brought under Florida Statutes section 742.011.
If the 60-day rescission period has passed and the conditions for challenging the acknowledgment (fraud, duress, or material mistake of fact) are not met, a male seeking to prove he is not the biological father may explore Florida Statutes section 742.18, which outlines the circumstances under which a male may disestablish paternity or terminate a child support obligation.
To disestablish paternity under section 742.18, the male must file a petition in the circuit court and include specific affidavits and evidence. Key requirements for the petition include:
The court will grant relief only upon finding all of the following conditions:
However, even if these conditions are met, a court shall not set aside the paternity determination or child support order if the male engaged in certain conduct after learning he is not the biological father. This includes, most notably for the present discussion, signing a voluntary acknowledgment of paternity as provided in Florida Statutes section 742.10(4) [13(f)]. Other disqualifying acts include marrying the mother while known as the reputed father and voluntarily assuming parental obligations [12(a)], acknowledging paternity in a sworn statement [12(b)], consenting to be named on the birth certificate [12(c)], voluntarily promising in writing to support the child [12(d)], or disregarding written notice to submit to scientific testing [12(e)].
If relief is granted, it is limited to prospective child support payments and termination of parental rights, custody, and visitation rights [13(f)]. This section does not create a cause of action to recover child support that was previously paid [13(f)].
The legal implications of a signed voluntary acknowledgment were starkly illustrated in the 2025 Florida Fifth District Court of Appeal case, Department of Revenue o/b/o Brown v. Gardner. In Gardner, the Department of Revenue (DOR) sought to add support for a third child, S.G., for whom the father, Jermaine Gardner, had previously signed a voluntary acknowledgment of paternity. Despite this, Gardner alleged S.G. was not his child and filed a motion for scientific paternity testing, which the lower court granted.
The Fifth District Court of Appeal quashed the lower court’s order for paternity testing. The court explained that by signing the voluntary acknowledgment, Gardner created a rebuttable presumption of paternity under Florida Statutes section 742.10(1) (2018). He had the option to rescind this acknowledgment within 60 days, but he did not. After the 60-day period passed, his paternity was legally established, and he could only challenge it based on fraud, duress, or material mistake of fact under section 742.10(4) (2018), or by petitioning to disestablish paternity under section 742.18(1) (2018).
The critical point in Gardner was that the father did none of these things. His motion for testing in the child support case was considered akin to a discovery request. The court emphasized that genetic testing in a family law case requires paternity to be “in controversy” and “good cause” for testing to exist. In Gardner’s situation, he could not demonstrate good cause without alleging and proving fraud, duress, material mistake of fact (under section 742.10), or valid grounds for disestablishing paternity (under section 742.18). Since the lower court failed to make a finding of good cause or hear evidence to support it, the order for testing was deemed “improvidently entered”.
The Gardner decision serves as a powerful reminder: a voluntary acknowledgment of paternity is not easily undone. Once the 60-day rescission period passes, the legal bar to challenging or disestablishing paternity becomes exceedingly high. The law aims for finality in paternity determinations to ensure stability for children. For individuals considering signing such a document, or for those who have already signed one and now question their biological connection to a child, understanding these stringent legal requirements is paramount.
Given the complexities and strictures of Florida law regarding paternity establishment and disestablishment, seeking qualified legal counsel is always advisable to understand your rights and obligations fully.
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Anthony Meehan Genova is a highly qualified legal professional specializing in family law, particularly known for his extensive experience in trial and his commitment to community service.
Mr. Genova is Board Certified in Marital & Family Law. This certification, widely regarded as the “gold standard” for Florida lawyers, signifies Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law. The Board Certification program, overseen by The Florida Supreme Court and administered by The Florida Bar, rigorously evaluates all board-certified lawyers for credibility, expertise, professionalism, and ethics.
To achieve this esteemed certification, Mr. Genova demonstrated a dedication to achieving a heightened level of excellence through character, professionalism, ethics, and credibility. The rigorous process requires at least five years of practice, substantial involvement in the chosen area, successful passing of a comprehensive examination, and a rigorous peer-review process. Additionally, board-certified lawyers must satisfy continuing legal education requirements that are more robust than those for general licensure. This certification is valid for five years and requires continued practice and attendance of Florida Bar
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In addition to his board certification, Mr. Genova has been a Supreme Court Certified Marital & Family Law Mediator since 2019.
He has been a dedicated member of the Executive Council of the Family Law Section of the Florida Bar since 2016. His significant involvement within this section includes various leadership and committee roles, demonstrating a deep engagement with the evolution and practice of family law: