Florida does not require father's DNA tests for birth certificates

"New Florida Law! A father's (sic) must submit a DNA test before signing the birth certificates. Ladies beware," says an August 30, 2023 Facebook post with more than 1,000 interactions.

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Screenshot of a Facebook post taken September 7, 2023

Other similar posts can be found elsewhere on Facebook and X.

However, AFP conducted a search of Florida legislation and found no law requiring fathers to complete a genetic test before signing the document.

"No, Florida law does not require a father to submit a DNA test before signing the child's birth certificate," a spokeswoman at the Florida Department of Revenue told AFP in a September 11 email.

According to the department, both parents complete the form in the presence of a hospital-provided notary public.

"If the mother is married, the mother's husband at birth is the legal father of the child. Neither parent needs to do anything to establish paternity. This paperwork is completed by the hospital." But if a married mother "does not list her husband's name on the child's birth certificate, paternity must be addressed in court," the department website says (archived here).

In cases where the mother is unwed, the person who completes the DH-511 form (certificate of live birth) "is the legal father as soon as the form is complete," it adds.

Earlier this year, Florida Governor Ron DeSantis signed into law HB 755 (archived here), which took effect July 1, 2023. But contrary to the claim, the bipartisan bill intends to broaden the rights of unmarried fathers. Modifying a Florida statute that previously defaulted natural guardianship to the mother (archived here), unwed fathers are now granted the same rights as married ones.

This means both the father and mother are "entitled and subject to the rights and responsibilities of parents," according to the bill, which then impacts factors such as custody, visitation and support rights of the child.

Same sex couples can both be listed on the birth certificate and under state law "an egg, sperm, or embryo donor has no parental rights to the child when using assisted reproductive technology (unless all parties are entering into a pre-planned adoption agreement that allows for parental rights to be retained)," according to Equality Florida (archived here).

AFP reached out to Florida's Bureau of Vital Statistics, but a response was not forthcoming.

AFP has fact-checked other misinformation about US politics here.