Florida Paternity Test: Court Order, Costs, and Legal Effects

To get a Florida court ordered paternity test, you file a Petition to Determine Paternity in the circuit court for the county where the child lives, and if the alleged father denies parentage or refuses to cooperate, the judge will order the mother, child, and alleged father to submit to genetic testing at a qualified laboratory. The court can also order testing on its own initiative. A result showing a 95 percent or higher probability of paternity creates a legal presumption of fatherhood under Florida law.¹

Who Can Ask the Court to Order a Test

Florida law lets three categories of people bring a paternity action: a woman who is pregnant or already has a child, a man who believes he is the father, or the child.² Once that action is filed and parentage is contested, any party can move for genetic testing, and the court can order it on its own.

The motion must be supported by a sworn statement. If you are alleging paternity, the statement describes a reasonable possibility of sexual contact between the mother and the alleged father. If you are denying paternity, it explains why sexual contact could not have occurred.¹

There is no deadline while the child is a minor. After the child turns 18, Florida’s general four-year statute of limitations applies, so the window closes when the child reaches 22.

Filing the Petition That Triggers the Order

The case starts with a Petition to Determine Paternity and for Related Relief, filed in the circuit court of the county where the child lives. Florida’s court system publishes a standardized form.³ Filing fees for a Chapter 742 paternity action run roughly $301, with slight variation by county.⁴

If paying the fee is a hardship, apply for indigent status at the clerk’s office. Applicants at or below 200 percent of the federal poverty guidelines qualify for a waiver of filing fees and prepayment of costs.⁵

After filing, the petition and summons have to be personally served on the other party by a process server or sheriff’s deputy. Service fees in Florida typically run between $40 and $100, depending on the county and how easy the person is to find. If the other party cannot be located, the court may permit service by publication in a local newspaper, which adds time and cost.

How the Court-Ordered Test Itself Works

The court directs a qualified laboratory to perform the test. In practice this means a facility accredited by the AABB, which sets national standards for relationship testing laboratories.⁶ Collection is a buccal swab, a cotton-tipped stick rubbed along the inside of the cheek, taken from the mother, the child, and the alleged father. No blood draw.

Chain of custody is what makes the result admissible. Each person being tested shows government-issued photo identification at the collection site. The collector photographs each participant, documents the handling of each sample, and seals the specimens in tamper-evident packaging. A legal paternity test through an AABB-accredited lab typically costs $400 to $800, depending on the facility and the number of parties tested.

Objecting to the Results

Any written objection to the results must be filed at least 10 days before the hearing. If no one objects in writing, the results are admitted into evidence automatically, without the lab having to send a representative to testify.¹ Either side can bring an outside expert to challenge or support the methodology, the results, or the statistics. If the results are disputed, the court can order a second round of testing at the same lab or a different one.

What Happens If He Refuses

Ignoring a court order for genetic testing is a serious risk. The judge can hold the alleged father in contempt, impose fines, or enter a default judgment of paternity against him. That default declares him the legal father without any DNA evidence, and it carries the same consequences as a judgment based on a 99 percent match: child support, time-sharing obligations, and all other parental responsibilities.

What the Results Mean Legally

Florida draws a bright line at 95 percent. A statistical probability of paternity at or above that threshold creates a rebuttable presumption that the tested man is the biological father.¹ Modern DNA tests routinely return probabilities above 99.9 percent when the tested man is the biological father, so the 95 percent threshold is rarely a close call.

Rebuttable means he can still present contrary evidence, but the burden has shifted to him. If he cannot rebut it, the court enters a summary judgment of paternity. If the test shows the alleged father cannot be the biological parent, the case is dismissed with prejudice and cannot be refiled against the same man for the same child.¹

Who Pays for the Test

The court decides how the cost is split and when it must be paid. If the parties reach their own cost-sharing agreement, the court can adopt it.⁷ In practice, the requesting party often pays upfront and the court reallocates the cost once results come in. When the test confirms paternity, judges commonly order the confirmed father to reimburse the full testing expense.

What a Paternity Judgment Sets in Motion

Child Support and Time-Sharing

Once paternity is established, the court sets child support using Florida’s income-based guidelines, which account for both parents’ earnings, the number of overnights each parent has, and expenses like health insurance and daycare. The court also establishes a parenting plan with a time-sharing schedule and assigns parental responsibility for major decisions about the child’s education, healthcare, and welfare. Until a court order says otherwise, an unmarried mother is presumed to have sole parental responsibility and all time-sharing.

Birth Certificate

When paternity is determined by a court, Florida law requires the father’s name and the child’s surname to be entered on the birth certificate in accordance with the order.⁸ If the father was not on the original certificate, the Department of Health prepares a new one bearing the same file number and seals the original.⁹

Health Insurance

A court order establishing paternity qualifies as a triggering event for a special enrollment period under the Affordable Care Act. The child can be added to a parent’s plan with coverage retroactive to the effective date of the order, even if enrollment happens up to 60 days later.¹⁰ Many employer-sponsored plans also treat a paternity order as a qualifying life event. Missing the window can leave the child without coverage until the next open enrollment.

Inheritance and Other Benefits

A child whose paternity is legally established gains inheritance rights from the father under Florida’s intestacy laws and may qualify for Social Security survivor benefits if the father becomes disabled or dies. For a child born abroad to a U.S. citizen father, proof of a biological relationship is a prerequisite for acquiring citizenship from the father under federal immigration law.¹¹

If the Mother Was Married to Someone Else

When a child is born to a married woman in Florida, the husband is placed on the birth certificate as the father automatically, even if everyone involved knows he is not the biological father.⁸ The biological father cannot simply sign a voluntary acknowledgment in that situation. Overcoming the marital presumption requires a court proceeding, and the case will typically involve both the husband and the mother as parties. Expect it to be more contested and slower than a standard case.

If the Alleged Father Is on Active Military Duty

The Servicemembers Civil Relief Act can delay the proceedings. On application to the court, a servicemember is entitled to a stay of at least 90 days when military duties prevent an appearance. The application must include a statement explaining how active duty interferes with attending court and a letter from the commanding officer confirming that leave is not available. The stay can be extended. If the court denies an additional stay, it must appoint an attorney to represent the servicemember.¹² Requesting a stay does not count as a court appearance and does not waive any defenses.

Faster and Cheaper Alternatives Before You File

A court order isn’t the only route, and it isn’t always the right one.

If both parents agree on who the father is, they can sign a voluntary acknowledgment of paternity. Hospitals routinely offer the form at birth for unmarried parents, and it can also be completed later through the Bureau of Vital Statistics. Either signer can rescind within 60 days of signing or 60 days before the first related court or administrative proceeding, whichever comes first. After that, the acknowledgment becomes a legal establishment of paternity and can only be challenged by proving fraud, duress, or a material mistake of fact.¹³ Signing is not a casual act. The signer owes child support and carries all the legal obligations of a parent, and later DNA evidence that he is not the biological father will not easily unwind it.

If one parent applies for child support through the Florida Child Support Program, the Department of Revenue can establish paternity administratively without a courtroom. The department arranges DNA testing for the mother, alleged father, and child at no cost to either parent. If results confirm paternity, the department issues an Administrative Order of Paternity with the same legal weight as a court judgment, and it notifies the Bureau of Vital Statistics to add the father to the birth certificate.¹⁴ For parents whose main goal is support, this is faster, cheaper, and less adversarial than a court petition.

Costs and Timelines at a Glance

Handled without a lawyer, a court-ordered paternity case in Florida typically runs about $301 in filing fees, $40 to $100 for service of process, and $400 to $800 for the DNA test. Attorney representation adds the biggest line item: family law attorneys in Florida generally charge $200 to $400 per hour.

An uncontested case where both parties cooperate can finish in a few months. A contested case with a reluctant alleged father, disputes over service, or military-related stays can stretch past six months. The Department of Revenue’s administrative path is both faster and free when child support is the main concern.¹⁴

1
Florida Senate. Florida Statutes 742.12 – Scientific Testing to Determine Paternity
2
Florida Senate. Florida Statutes 742.011 – Proceedings for Determination of Paternity
3
Florida State Courts. Petition to Determine Paternity and for Related Relief
4
Broward County Clerk of Courts. Fees and Costs
5
Online Sunshine. Florida Statutes 57.082 – Determination of Civil Indigent Status
6
AABB. Standards for Relationship Testing Laboratories
7
Online Sunshine. Florida Statutes 742.12 – Scientific Testing to Determine Paternity
8
Online Sunshine. Florida Statutes 382.013 – Birth Registration
9
Online Sunshine. Florida Statutes 382.016 – Amendment of Records
10
HealthCare.gov. Special Enrollment Periods
11
U.S. Citizenship and Immigration Services. U.S. Citizens at Birth (INA 301 and 309)
12
Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice
13
Justia Law. Florida Statutes 742.10 – Establishment of Paternity for Children Born Out of Wedlock
14
Florida Department of Revenue. Child Support Program – Establish Paternity