How Do I Remove a Man Fraudulently Listed as Father From My Child's Florida Birth Certificate?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My ex-boyfriend fraudulently signed my daughter's birth certificate and made me sign it while I was on medication in the hospital, by threatening me. He won't file a petition to disestablish paternity, even though he knows he isn't the father, because he wants to maintain control over my life and my daughter's life. What forms do I need to file to initiate a case so that I can get his name removed from her birth certificate, leaving only me on it?
What paper work do I need to file to initiate a case to get him off the birth certificate?
Attorney Answer
Florida law lets you challenge a voluntary acknowledgment of paternity based on fraud or duress, but the path depends on timing, so this is worth moving on soon rather than waiting on him.
When both parents sign a voluntary acknowledgment of paternity at the hospital, Florida treats it like a legal finding of paternity. Under Fla. Stat. § 742.10, either person can rescind that acknowledgment within 60 days of signing, with no need to prove anything beyond wanting to withdraw it. After that 60-day window closes, the acknowledgment can still be challenged in court, but only on the basis of fraud, duress, or a material mistake of fact, and the person challenging it carries the burden of proving that. Being pressured to sign while medicated in a hospital, if you can show that happened, fits squarely within that duress standard.
Because your ex-boyfriend is the one refusing to act, you would likely need to file your own petition asking the court to set aside the acknowledgment and determine paternity, rather than waiting on him. As part of that case, you can ask the court to order genetic testing (Fla. Stat. § 742.12), which is usually the strongest evidence in a case like this.
What you can do
1. Gather any records that support duress, such as hospital records from around the signing date, medication logs, or anything documenting your condition at the time. 2. Contact the clerk of court in your county about filing a petition to determine paternity or to set aside the voluntary acknowledgment. 3. Ask the court to order genetic testing as part of the case. 4. Once a court issues an order finding he is not the father, that order is what allows the birth certificate to be corrected through Florida's vital statistics office.
A family law attorney can prepare these documents correctly, request testing efficiently, and present the duress issue in a way that holds up in court, which is why this is worth handling with counsel rather than alone. This is general legal information, not legal advice, and a local Florida family law attorney can review the details of your situation and guide you through filing.
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- File or look up a case through the Florida State Courts, which serves the state.
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Frequently Asked Questions
Can I still challenge the acknowledgment if it's been years since I signed it?
Yes, but only on the basis of fraud, duress, or material mistake of fact once the initial 60-day window has passed, and you carry the burden of proving it. There's no fixed outer deadline in the statute itself, but waiting longer can make the facts harder to prove.
Will the court automatically order a DNA test?
Not automatically, but courts routinely order genetic testing in paternity disputes when it's requested. It's usually the most persuasive evidence available in a case like yours.
Do I need my ex-boyfriend's agreement to get his name removed?
No. You can file your own petition asking the court to set aside the acknowledgment and determine paternity, and the court can rule even if he doesn't cooperate, though he is entitled to notice and a chance to respond.
