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Chapter: 1450 Technical Requirements Program: CIC 16 1450.0703 Definition of a Legal Father (CIC) An individual is considered the legal father if:

1. married to the mother at the time of the child's conception or birth, 2. he is the natural, biological father who marries the mother after the child's birth and there was no legal father at the time of the marriage, 3. paternity has been legally established, 4. procedures to amend the child's surname on the birth certificate have been conducted, or 5. the individual is the adoptive father.

This legal relationship supersedes any subsequent allegation of paternity for a natural biological father.

1450.0704 When an Individual Becomes a Parent (CIC) An individual becomes a parent under the following circumstances:

1. ceremonial marriage, 2. common-law marriage, 3. being a biological parent, 4. establishing paternity, or 5. adoption. 1450.0705 Ceremonial Marriage (CIC) A ceremonial marriage is a wedding ceremony in which a marriage license is obtained. The ceremony must be performed by a religious official, judge, notary, or other individual authorized by law to perform weddings.

Individuals become parents if they marry under either of the following circumstances:

1. In cases in which prior individual marriages exist, a subsequent marriage is still considered binding until determined otherwise by a court of competent jurisdiction. If the legality of a marriage is questioned, the case should be cleared with the District Legal Counsel.

2. If the mother of a child born out of wedlock and the alleged father marry each other at any time after the child's birth, they become the child's parents. A couple considered to be legally married under the laws of another state or country are considered to be legally married for purposes of determining a child's eligibility for public assistance in Florida. 1450.0706 Biological Parents (CIC) Biological parents, the birth mother and the natural biological father are considered parents of the child, except as noted in passage 1450.0705. When a mother and natural father both reside in the home, the eligibility specialist must make a nonjudicial determination of paternity in order to establish if deprivation exists. 1450.0707 Common-Law Marriage (CIC) Children born to a father and mother who had a "common-law" marriage which occurred in Florida prior to January 1, 1968, are considered legitimate. After January 1, 1968, Florida law does not provide for legalization of a new common-law relationship, unless it occurred in another state or foreign country under that state's or country's laws. Information given by the parent or relative concerning the dates and circumstances of the "common-law" marriage should be obtained. Mothers and fathers married through these "common-law" marriages are considered parents.