Bill Text: FL S1542 | 2016 | Regular Session | Introduced


Bill Title: Parentage

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-11 - Died in Health Policy [S1542 Detail]

Download: Florida-2016-S1542-Introduced.html
       Florida Senate - 2016                                    SB 1542
       
       
        
       By Senator Soto
       
       14-01425B-16                                          20161542__
    1                        A bill to be entitled                      
    2         An act relating to parentage; amending s. 382.015,
    3         F.S.; requiring the Department of Health to prepare,
    4         file, and issue a new birth certificate under
    5         specified circumstances; requiring the new birth
    6         certificate to bear a specified reference; amending
    7         ss. 382.013, 742.011, 742.091, 742.105, 742.11, and
    8         742.13, F.S.; conforming provisions to changes made by
    9         the act; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 382.015, Florida Statutes, is amended to
   14  read:
   15         382.015 New certificates of live birth; duty of clerks of
   16  court and department.—The clerk of the court in which any
   17  proceeding for adoption, annulment of an adoption, affirmation
   18  of parental status, or determination of parentage paternity is
   19  to be registered, shall within 30 days after the final
   20  disposition, forward to the department a certified copy of the
   21  court order, or a report of the proceedings upon a form to be
   22  furnished by the department, together with sufficient
   23  information to identify the original birth certificate and to
   24  enable the preparation of a new birth certificate. The clerk of
   25  the court shall implement a monitoring and quality control plan
   26  to ensure that all judicial determinations of parentage
   27  paternity are reported to the department in compliance with this
   28  section. The department shall track parentage paternity
   29  determinations reported monthly by county, monitor compliance
   30  with the 30-day timeframe, and report the data to the clerks of
   31  the court quarterly.
   32         (1) ADOPTION AND ANNULMENT OF ADOPTION.—
   33         (a) Upon receipt of the report or certified copy of an
   34  adoption decree, together with the information necessary to
   35  identify the original certificate of live birth, and establish a
   36  new certificate, the department shall prepare and file a new
   37  birth certificate, absent objection by the court decreeing the
   38  adoption, the adoptive parents, or the adoptee if of legal age.
   39  The certificate must shall bear the same file number as the
   40  original birth certificate. All names and identifying
   41  information relating to the adoptive parents entered on the new
   42  certificate shall refer to the adoptive parents, but nothing in
   43  the certificate shall refer to or designate the parents as being
   44  adoptive. All other items not affected by adoption shall be
   45  copied as on the original certificate, including the date of
   46  registration and filing.
   47         (b) Upon receipt of the report or certified copy of an
   48  annulment-of-adoption decree, together with the sufficient
   49  information to identify the original certificate of live birth,
   50  the department shall, if a new certificate of birth was filed
   51  following an adoption report or decree, remove the new
   52  certificate and restore the original certificate to its original
   53  place in the files, and the certificate so removed shall be
   54  sealed by the department.
   55         (c) Upon receipt of a report or certified copy of an
   56  adoption decree or annulment-of-adoption decree for a person
   57  born in another state, the department shall forward the report
   58  or decree to the state of the registrant’s birth. If the adoptee
   59  was born in Canada, the department shall send a copy of the
   60  report or decree to the appropriate birth registration authority
   61  in Canada.
   62         (2) DETERMINATION OF PARENTAGE PATERNITY.—Upon receipt of
   63  the report, a certified copy of a final decree of determination
   64  of parentage paternity, or a certified copy of a final judgment
   65  of dissolution of marriage which requires the former spouse
   66  husband to pay child support for the child, together with
   67  sufficient information to identify the original certificate of
   68  live birth, the department shall prepare and file a new birth
   69  certificate, which must shall bear the same file number as the
   70  original birth certificate. The registrant’s name shall be
   71  entered as decreed by the court or as reflected in the final
   72  judgment or support order. The names and identifying information
   73  of the parents shall be entered as of the date of the
   74  registrant’s birth.
   75         (3) AFFIRMATION OF PARENTAL STATUS.—Upon receipt of an
   76  order of affirmation of parental status issued pursuant to s.
   77  742.16, together with sufficient information to identify the
   78  original certificate of live birth, the department shall prepare
   79  and file a new birth certificate which must shall bear the same
   80  file number as the original birth certificate. The names and
   81  identifying information of the registrant’s parents entered on
   82  the new certificate shall be the commissioning couple, but the
   83  new certificate may not make reference to or designate the
   84  parents as the commissioning couple.
   85         (4) SUBSTITUTION OF NEW CERTIFICATE OF BIRTH FOR ORIGINAL.
   86  When a new certificate of birth is prepared, the department
   87  shall substitute the new certificate of birth for the original
   88  certificate on file. All copies of the original certificate of
   89  live birth in the custody of a local registrar or other state
   90  custodian of vital records shall be forwarded to the State
   91  Registrar. Thereafter, when a certified copy of the certificate
   92  of birth or portion thereof is issued, it must shall be a copy
   93  of the new certificate of birth or portion thereof, except when
   94  a court order requires issuance of a certified copy of the
   95  original certificate of birth. In an adoption, change in
   96  parentage paternity, affirmation of parental status,
   97  undetermined parentage, or court-ordered substitution, the
   98  department shall place the original certificate of birth and all
   99  papers pertaining thereto under seal, not to be broken except by
  100  order of a court of competent jurisdiction or as otherwise
  101  provided by law.
  102         (5) FORM.—Except for certificates of foreign birth which
  103  are registered as provided in s. 382.017, and delayed
  104  certificates of birth which are registered as provided in ss.
  105  382.019 and 382.0195, all original, new, or amended certificates
  106  of live birth must shall be identical in form, regardless of the
  107  marital status of the parents or the fact that the registrant is
  108  adopted or of undetermined parentage.
  109         (6) RULES.—The department shall adopt and enforce all rules
  110  necessary to implement for carrying out the provisions of this
  111  section.
  112         Section 2. Subsection (2) and paragraphs (a) and (b) of
  113  subsection (3) of section 382.013, Florida Statutes, are amended
  114  to read:
  115         382.013 Birth registration.—A certificate for each live
  116  birth that occurs in this state shall be filed within 5 days
  117  after such birth with the local registrar of the district in
  118  which the birth occurred and shall be registered by the local
  119  registrar if the certificate has been completed and filed in
  120  accordance with this chapter and adopted rules. The information
  121  regarding registered births shall be used for comparison with
  122  information in the state case registry, as defined in chapter
  123  61.
  124         (2) PARENTAGE PATERNITY.—
  125         (a) If the mother is married at the time of birth, the name
  126  of the spouse must husband shall be entered on the birth
  127  certificate as a parent the father of the child, unless
  128  parentage paternity has been determined otherwise by a court of
  129  competent jurisdiction.
  130         (b) Notwithstanding paragraph (a), if the spouse husband of
  131  the mother dies while the mother is pregnant but before the
  132  birth of the child, the name of the deceased spouse must husband
  133  shall be entered on the birth certificate as a parent the father
  134  of the child, unless parentage paternity has been determined
  135  otherwise by a court of competent jurisdiction.
  136         (c) If the mother is not married at the time of the birth,
  137  the name of the father may not be entered on the birth
  138  certificate without the execution of an affidavit signed by both
  139  the mother and the person to be named as the father. The
  140  facility shall give notice orally or through the use of video or
  141  audio equipment, and in writing, of the alternatives to, the
  142  legal consequences of, and the rights, including, if one parent
  143  is a minor, any rights afforded due to minority status, and
  144  responsibilities that arise from signing an acknowledgment of
  145  paternity, as well as information provided by the Title IV-D
  146  agency established pursuant to s. 409.2557, regarding the
  147  benefits of voluntary establishment of parentage paternity. Upon
  148  request of the mother and the person to be named as the father,
  149  the facility shall assist in the execution of the affidavit, a
  150  notarized voluntary acknowledgment of parentage paternity, or a
  151  voluntary acknowledgment of parentage paternity that is
  152  witnessed by two individuals and signed under penalty of perjury
  153  as specified by s. 92.525(2).
  154         (d) If the parentage paternity of the child is determined
  155  by a court of competent jurisdiction as provided under s.
  156  382.015 or there is a final judgment of dissolution of marriage
  157  which requires the former spouse husband to pay child support
  158  for the child, the name of the former spouse father and the
  159  surname of the child shall be entered on the certificate in
  160  accordance with the finding and order of the court. If the court
  161  fails to specify a surname for the child, the surname must shall
  162  be entered in accordance with subsection (3).
  163         (e) If the parentage paternity of the child is determined
  164  pursuant to s. 409.256, the name of the father and the surname
  165  of the child must shall be entered on the certificate in
  166  accordance with the finding and order of the Department of
  167  Revenue.
  168         (f) If the parents mother and father marry each other at
  169  any time after the child’s birth, upon receipt of a marriage
  170  license that identifies any such child, the department shall
  171  amend the certificate with regard to the parents’ marital status
  172  as though the parents were married at the time of birth.
  173         (g) If the father is not named on the certificate, no other
  174  information about the father shall be entered on the
  175  certificate.
  176         (3) NAME OF CHILD.—
  177         (a) If the mother is married at the time of birth, the
  178  mother and spouse father whose names are entered on the birth
  179  certificate shall select the given names and surname of the
  180  child if both parents have custody of the child, otherwise the
  181  parent who has custody shall select the child’s name.
  182         (b) If the parents mother and father whose names are
  183  entered on the birth certificate disagree on the surname of the
  184  child and both parents have custody of the child, the surname
  185  selected by each parent the father and the surname selected by
  186  the mother shall both be entered on the birth certificate,
  187  separated by a hyphen, with the selected names entered in
  188  alphabetical order. If the parents disagree on the selection of
  189  a given name, the given name may not be entered on the
  190  certificate until a joint agreement that lists the agreed upon
  191  given name and is notarized by both parents is submitted to the
  192  department, or until a given name is selected by a court.
  193         Section 3. Section 742.011, Florida Statutes, is amended to
  194  read:
  195         742.011 Determination of parentage paternity proceedings;
  196  jurisdiction.—Any woman who is pregnant or has a child, any
  197  spouse of a woman who is pregnant or has a child, any man who
  198  has reason to believe that he is the father of a child, or any
  199  child may bring proceedings in the circuit court, in chancery,
  200  to determine the parentage paternity of the child when parentage
  201  paternity has not been established by law or otherwise.
  202         Section 4. Section 742.091, Florida Statutes, is amended to
  203  read:
  204         742.091 Marriage of parents.—If the mother of any child
  205  born out of wedlock and the reputed parents of a child father
  206  shall at any time after its birth intermarry, the child shall in
  207  all respects be deemed and held to be the child of the spouses
  208  husband and wife, as though born within wedlock, and upon the
  209  payment of all costs and attorney fees as determined by the
  210  court, the cause shall be dismissed and the bond provided for in
  211  s. 742.021 is shall be void. The record of the proceedings in
  212  such cases shall be sealed against public inspection in the
  213  interests of the child.
  214         Section 5. Section 742.105, Florida Statutes, is amended to
  215  read:
  216         742.105 Effect of a determination of parentage paternity
  217  from a foreign jurisdiction.—A final order of parentage
  218  paternity entered in a foreign jurisdiction, whether resulting
  219  from a voluntary acknowledgment or an administrative or judicial
  220  process, or an affidavit acknowledging paternity signed in any
  221  other state according to its procedures, must shall be given the
  222  same legal effect as if such final order was entered or
  223  affidavit was signed pursuant to this chapter. In any proceeding
  224  in this state, a certified copy of the final order of parentage
  225  paternity from a foreign jurisdiction is shall be conclusive
  226  evidence of parentage paternity.
  227         Section 6. Section 742.11, Florida Statutes, is amended to
  228  read:
  229         742.11 Presumed status of child conceived by means of
  230  artificial or in vitro insemination or donated eggs or
  231  preembryos.—
  232         (1) Except in the case of gestational surrogacy, any child
  233  born within wedlock who has been conceived by the means of
  234  artificial or in vitro insemination is irrebuttably presumed to
  235  be the child of the spouses husband and wife, provided that both
  236  spouses husband and wife have consented in writing to the
  237  artificial or in vitro insemination.
  238         (2) Except in the case of gestational surrogacy, any child
  239  born within wedlock who has been conceived by means of donated
  240  eggs or preembryos shall be irrebuttably presumed to be the
  241  child of the recipient gestating woman and her spouse husband,
  242  provided that both parties have consented in writing to the use
  243  of donated eggs or preembryos.
  244         Section 7. Subsection (2) of section 742.13, Florida
  245  Statutes, is amended to read:
  246         742.13 Definitions.—As used in ss. 742.11-742.17, the term:
  247         (2) “Commissioning couple” means the intended parents
  248  mother and father of a child who will be conceived by means of
  249  assisted reproductive technology using the eggs or sperm of at
  250  least one of the intended parents.
  251         Section 8. This act shall take effect July 1, 2016.

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