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Chapter: 1400 Technical Requirements Program: TCA 47 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. 1420.0706 Biological Parents (TCA) Biological parents, the birth mother and the natural biological father are considered parents of the child, except as noted in passage 1420.0705. When a mother and natural father both reside in the home, the eligibility specialist must make a non-judicial determination of paternity in order to establish if deprivation exists. 1420.0707 Common-Law Marriage (TCA) 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. 1420.0708 Establishment of Paternity (TCA) An individual is considered a parent when paternity is established by one of the following methods:

1. civil court action through a paternity suit followed by the issuance of a court order declaring the natural father to be the legal father; 2. written acknowledgment of fatherhood by the natural father in the presence of a juvenile court judge; 3. establishment of paternity in another state; 4. the father’s voluntary placement of his surname on the child’s Florida birth certificate when both parents request in writing that his name be shown; or 5. a signed, notarized statement by the father stating that he is the child’s father under the penalty of perjury and fraud prosecution (such as CF-ES Form 432, “Consenting Affidavit Acknowledging Paternity”).

An Application for an Amended Certificate of Birth by Acknowledgment of Paternity must be signed by both parents in the presence of a notary and must be issued by the DH Office of Vital Records. Information given by the parent or relative concerning the date and circumstances under which the parents took this action is sufficient to establish that paternity has been declared for the child. 1420.0709 Adoption (TCA) Legal adoption supersedes other parental relationships (biological and marital ties). When a parent dies and the child is adopted by the stepparent, the child’s relationship to the deceased parent’s relatives remains intact. 1420.0710 Required Contact with Non-Custodial Parent (TCA) A contact must be made with the non-custodial parent (legal or non-legal) when any address (last known or current) is known at the time of application (including when a child is added) and every complete eligibility review. This includes a contact with the non-custodial parent of an unborn child.

This contact must be made to obtain deprivation information and to determine if the non-custodial parent is supporting the child(ren). The contents of the discussion should be recorded. If the eligibility specialist cannot contact the non-custodial parent(s) this also must be recorded. The exceptions to this requirement are described in passage 1420.0711.