TN 27 (12-00)

GN 00306.455 Florida Intestacy Laws

The child acquires the status of child and father acquires status of parent if:

  1. 1. 

    the natural parents intermarry; or

  2. 2. 

    prior to 01/01/76, paternity was acknowledged by the father in writing signed in presence of a competent witness; or

  3. 3. 

    (I) effective 01/01/76, the natural parents participated in a marriage ceremony before or after the child's birth, even though the attempted marriage is void; or

  4. 4. 

    (I) effective 01/01/76, paternity is established through an adjudication before the father's death by a preponderance of the evidence, or is established thereafter by clear, strong, and unequivocal proof (that is, clear and convincing evidence). Effective 07/20/78, any determination related to a child whose alleged father died before 01/01/76 may be made based on a clear and convincing evidence standard; or

  5. 5. 

    (I) effective 10/01/77, the child is acknowledged in writing by the father.

  6. 6. 

    The following circumstances create a presumption of paternity rebuttable only by clear and convincing evidence:

    1. a. 

      the child was conceived during a marriage; or

    2. b. 

      effective 10/01/86, the father voluntarily acknowledged paternity; or

    3. c. 

      effective 05/31/94, Human Leukocyte Antigen tests or other scientific tests that are generally acceptable within the scientific community that establish a 95% or greater probability of paternity. These presumptions are rebuttable only by clear and convincing evidence.

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GN 00306.455 - Florida Intestacy Laws - 12/05/2000
Batch run: 12/05/2000