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Fla. R. Juv. P. 8.226

Determination of Parenthood

activein force · 2026-01-01 – presentact-effective-date

(a) In General. The court must determine the identity of all

parents and prospective parents at the initial hearing in

proceedings under chapter 39, Florida Statutes, as provided by law.

Nothing in this rule prevents a parent or prospective parent from

pursuing remedies under chapter 742, Florida Statutes. The court

having jurisdiction over the dependency matter may conduct

proceedings under chapter 742, Florida Statutes, either as part of

the chapter 39, Florida Statutes, proceeding or in a separate action

under chapter 742, Florida Statutes.

(b) Appearance of Prospective Parent.

(1) If a prospective parent appears in the chapter 39,

Florida Statutes, proceeding, the court must advise the prospective

parent of the right to become a parent in the proceeding by

completing a sworn affidavit of parenthood and filing the affidavit

with the court or the department. This subdivision does not apply if

the court has identified both parents of the child as defined by law.

(2) If the prospective parent seeks to become a parent

in the chapter 39, Florida Statutes, proceeding, the prospective

parent must complete a sworn affidavit of parenthood and file the

affidavit with the court or the department. If a party objects to the

entry of the finding that the prospective parent is a parent in the

proceeding, or if the court on its own motion requires further

proceedings to determine parenthood, the court must not enter an

order finding parenthood until proceedings under chapter 742,

Florida Statutes, have been concluded. The prospective parent must

continue to receive notice of hearings as a participant pending the

proceedings under chapter 742, Florida Statutes. If no other party

objects and the court does not require further proceedings to

determine parenthood, the court must enter an order finding that

the prospective parent is a parent in the proceeding.

(3) If the prospective parent is uncertain about

parenthood and requests further proof of parenthood, or if there is

more than one prospective parent for the same child, the juvenile

court may conduct proceedings under chapter 742, Florida

Statutes, to determine parenthood. At the conclusion of the chapter

742, Florida Statutes, proceedings, the court must enter an order

determining parenthood.

(4) Provided that paternity has not otherwise been

established by operation of law or court order, at any time prior to

the court entering a finding that the prospective parent is the

parent in the proceeding, the prospective parent may complete and

file with the court or the department a sworn affidavit of

nonpaternity declaring that the prospective parent is not the parent

of the child and waiving all potential rights to the child and rights to

further notices of hearing and court filings in the proceeding.

(5) If the court has identified both parents of a child as

defined by law, the court mustl not recognize an alleged biological

parent as a parent in the proceeding until a court enters an order

pursuant to law establishing the alleged biological parent as a

parent in the proceeding.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
b307de02aa9d73f38853ad65c631bdb3ba1e5bbcc78cf8b8cd598b30c9cfbbde
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Fla. R. Juv. P. 8.226 — Determination of Parenthood · binding.law