It sounds simple: if a DNA test proves a man isn’t the biological father, he’s off the hook, right? Not so fast.
In Florida, paternity isn’t determined by DNA alone. If a man is listed as the father on a child’s birth certificate, he has already signed an Acknowledgment of Paternity — a legally binding document. Unless it’s rescinded within 60 days, Florida law recognizes him as the child’s legal father, with all the rights and responsibilities that title brings.
What if DNA Later Says He’s Not the Father?
Let’s say “Shirley Mommy” gets a DNA test that proves “Daddy Maybe” isn’t the biological father. She heads to court seeking a Pickup Order, trying to remove him from the child’s life based solely on biology. Will the court grant it?
Probably not. Florida courts have made it clear: DNA results alone won’t automatically erase legal paternity once it’s been established. Because Daddy Maybe’s name is on the birth certificate and he didn’t challenge paternity in time, the law presumes he is the child’s legal father.
Why Doesn’t Biology Win Out?
Family law judges are required to consider the best interests of the child—not just the science. Even if a biological father is identified, the court must weigh whether naming him as the legal father would benefit the child. That often means considering the emotional bond, stability, and relationship the child has built with the man who’s been their father figure—DNA or not.
The Bottom Line When It Comes to DNA & Birth Certificates:
In Florida, DNA testing doesn’t automatically undo paternity once it’s been legally established. The courts prioritize the child’s well-being, which means that a man can still be recognized as the legal father — with all the rights and obligations — even if he’s not biologically related.
Paternity cases are complicated — and the stakes are high. If you’re facing a paternity dispute or have questions about your parental rights, our experienced family law attorneys are here to help you navigate the process.
👉 Learn more about Florida Paternity Law or call Hoffman, Larin & Agnetti at (305) 653-5555, text us at 305-653-1515, email us at [email protected] or complete the form at www.hlalaw.com for a confidential consultation.
